Does A Restraining Order Have To Be Served In Prison

Imagine this: you’re seeking protection through a restraining order, but the person you need protection from is already in prison. You might wonder whether a restraining order still needs to be served. The answer is yes, and while the process is different, it’s entirely possible. Let’s break it down so you know exactly what to expect.

At Jackman Law Firm, we’ve helped many individuals in Washington State navigate family law challenges, including cases involving restraining orders against incarcerated individuals. This article will explain how restraining orders work when the person you’re seeking protection from is behind bars.

Can Someone in Prison File for a Restraining Order?

Yes, even individuals in prison can file for and be served with a restraining order. While it might seem unusual, incarcerated individuals retain certain legal rights, including the ability to seek protection through the courts. The process follows these general steps:

1. Filing the Petition: The incarcerated person submits their petition through the prison’s legal department, often with the help of a Litigation Coordinator.
2. Court Review: The court reviews the petition to determine whether there’s enough merit to schedule a hearing or issue a temporary order.
3. Service: If the court approves, the order must be served to the other party, just as it would be for any restraining order.

This ensures that even those in custody can address safety concerns, whether they’re protecting themselves from other inmates or external threats.

How is a Restraining Order Served in Prison in Washington State?

Serving a restraining order to someone in prison involves several steps. While it’s not the same as serving someone outside, the process is designed to ensure that legal documents reach the inmate efficiently.

Litigation Coordinator

Washington State prisons have designated Litigation Coordinators who handle all legal documents for inmates. They act as the primary point of contact for serving restraining orders within the facility.

Document Delivery

To serve a restraining order to an inmate, you need to:

• Send the restraining order and any related documents (such as petitions or motions).
• Include a Proof of Service form and a self-addressed stamped envelope for the form’s return.
• Clearly identify the inmate by their name and their Department of Corrections (DOC) number. Providing additional identifying details like a parole date can help avoid confusion.
• Use acceptable delivery methods, such as fax or overnight mail to send the documents to the Litigation Coordinator.

Internal Prison Process

Once the documents arrive:

1. The Litigation Coordinator logs the documents.
2. The documents are given to the inmate’s Correctional Counselor.
3. The Correctional Counselor serves the inmate and completes the Proof of Service form.

After Service

After the inmate is served:

• The completed Proof of Service form is sent back to you in a self-addressed stamped envelope.
• You must file the Proof of Service with the court to finalize the process. Without this step, the restraining order isn’t legally enforceable.

Legal Enforceability

A restraining order only becomes enforceable once it has been properly served and the court receives the Proof of Service. This ensures that the order is recognized by law enforcement and the judicial system.

Challenges and Considerations

While serving a restraining order in prison is straightforward, there are unique challenges to consider.

Potential Delays

Prison procedures often involve multiple steps, which can lead to delays. It’s important to plan ahead and account for extra time when serving legal documents to an inmate.

Communication Restrictions

Inmates have limited communication options, which can make the process more complicated. Working with an attorney can help ensure that everything proceeds smoothly.

Importance of an Attorney

An experienced attorney can:

• Ensure all legal documents are properly prepared and delivered.
• Address any challenges that arise within the prison system.
• Confirm that the restraining order is enforceable by completing all required steps.

Additional Tips for Petitioners

If you’re pursuing a restraining order against someone in prison, here are a few tips to keep in mind:

Carry Copies

Always keep copies of the restraining order and the returned Proof of Service with you. Law enforcement may need these documents to enforce the order.

Resources

For additional support, you can reach out to the Washington State Office of Crime Victims Advocacy. They offer resources and assistance for individuals seeking protection through the legal system.

Facing a Restraining Order Situation in Washington? We Can Help

At Jackman Law Firm, we understand how important it is to protect your safety and peace of mind. Whether you’re filing a restraining order or need help with the process for someone who is incarcerated, we’re here to guide you every step of the way. Since 2014, we’ve built a reputation for achieving favorable outcomes for our clients.

Call us today at (206) 588-5555 or contact us online to schedule a consultation. Let us help you take the next steps with confidence.