This page provides information about the special issues that arise when there is a Relief from Abuse (RFA) case at the same time as a divorce or civil union dissolution case. 

 

Talk to an Attorney

These situations can be complicated. Consider talking to an attorney. See the Finding Legal Help web page for information about ways to get the help of an attorney. 

Starting a Divorce or Dissolution After an RFA Order is Issued

If you have already received an RFA order and you have filed a divorce or dissolution case, you must tell the court. You will provide this on the Information Sheet (form 800) and in your Complaint for Divorce/Legal Separation/Dissolution (form 400-00836). You will find these forms at the bottom of the Divorce web page.

The court will consolidate (combine) the RFA case and the divorce or dissolution case. If the two cases are filed in different counties, there are rules about which court will handle the cases. 

Any orders from the RFA case remain in effect unless or until the court dismisses or modifies them.

RFA Case Filed While the Divorce or Dissolution is Pending

Either party may file a Relief from Abuse (RFA) case while the divorce or dissolution case is pending. Either party may ask to consolidate (combine) the RFA case and the divorce or dissolution case by filing a motion. The court may also consolidate the cases without a request from the parties. You can use the Miscellaneous Motion (form 400-00830) and Affidavit Family Division (form 400-00804) to ask to consolidate the cases. You will find these forms at the bottom of the Divorce web page.

Once the cases are consolidated, if there are any outstanding temporary or final orders in the divorce or dissolution case, the request for an RFA order will be treated as a motion to modify the outstanding orders. All orders in effect in the RFA case will continue in effect after consolidation unless or until the court dismisses or modifies them. 

RFA Order Scheduled to Expire While the Divorce or Dissolution is Pending

If your RFA order is scheduled to expire while the divorce or dissolution case is pending, you can ask the court to extend it by filing a Motion to Modify/Extend/Vacate Relief from Abuse (form 400-00153). You will find the form at the bottom of the Relief from Abuse web page.

In the form you must explain why you believe an extension is necessary. You don't have to show that any new abuse has occurred, or that there has been any change in circumstances.