Serve papers in a protection order case

If you’re filing for a protection order, you’re the “Petitioner.” You can ask for a temporary order right away – before the other party is served. Then the other party must be properly served at least 5 court days before the full hearing. Try to have any witness declarations or other supporting documents filed and served with your petition and temporary order. If the other party isn’t served in time, you can ask the judge to extend the temporary protection order and reschedule the hearing.

If you’re responding to a protection order, you’re the “Respondent.” Try to file and serve your response as soon as possible. If you serve your response at the last minute, the Petitioner may ask the judge to extend the temporary protection order and reschedule the hearing. 

Personal service by law enforcement is required if the Respondent is in jail or prison. It’s also required for orders that make the Respondent do any of these: 

• Surrender weapons
• Vacate a residence they share with Petitioner
• Transfer custody of a child to Petitioner

Technically, personal service is only required if the Respondent has the child now and the order requires custody transfer to the Petitioner. But many courts require personal service if child custody is an issue at all. 

Personal service is also required when serving a vulnerable adult, though this doesn’t have to be done by law enforcement. 

In all other cases, personal service is not required and you can serve electronically (by email, text, or social media). 

Personal service is always allowed, even if it isn’t required.

Yes. If you are the Petitioner, law enforcement must serve the other party for free. Respondents may have to pay law enforcement to serve papers. Fill out the Law Enforcement and Confidential Information form as completely as possible to help law enforcement serve the other party quickly and safely. 

If you don’t have Respondent’s address or if they’re hiding to avoid service, law enforcement must look in their databases to try to find Respondent. This is required by law at RCW 7.105.155(4).

Law enforcement must make 2 timely attempts at service and should continue trying to personally serve up to the hearing date. They’ll file a proof of service with the court clerk. If they’ve been unsuccessful, they must file something describing their attempts at service. 

Petitioner: Register with Washington VINE to get notified when your order is served.

Tip! Ask the clerk for a copy of the service packet to keep on hand. If law enforcement is called in an emergency, you can give the service packet to the officer on the scene to serve Respondent at that time. This is sometimes called a "911 service packet."

If personal service is required and law enforcement made 2 unsuccessful attempts, at your next court hearing you can ask the court to sign an Order to Allow Electronic Service. Law enforcement should do the electronic service unless you prefer to have someone else do it. The law is at RCW 7.105.150(1)(b)(ii).

Not all law enforcement agencies are set up to serve electronically even though the law says they must do it. Some agencies will do it if you can give them extra information, such as the mobile phone or SMS provider for the restrained person’s number (Verizon, AT&T, etc.). 

Personal service is having someone (other than you) age 18 or older hand deliver the papers to the other party. This can be a friend, a family member, a professional process server, or law enforcement. Some orders must be personally served by law enforcement.

The person who delivers the papers is your “server.” Have your server fill out and sign the Proof of Service form.

Your server may hand deliver the papers to the other party at home, work, or anywhere else they can be found. 

If the other party is not home, your server may do "abode service." This counts as personal service. The server may give the papers to any adult (who doesn’t have a mental disability) who also lives at the home with the other party. Your server should ask this person for their name and age and if they live with the other party at this home. If the person is under 18 or doesn't live at the home, then the server can’t leave the papers with them. 

Keep track of everything you do to try to get the other party personally served. You may be unsuccessful. At that point, you need court permission to serve electronically or by mail. 

Sometimes, yes. Electronic service (by email, text, or social media) is the preferred way to serve in some protection order cases. It is automatically allowed, with some exceptions. You can electronically serve all documents in a protection order case (petitions, orders, responses, motions, supporting evidence) except for orders that make a Respondent to do any of these: 

• Surrender weapons
• Vacate a residence they share with Petitioner
• Transfer custody of a child to Petitioner

Law enforcement must try to personally serve those orders on the Respondent. If law enforcement makes 2 unsuccessful attempts at personal service, the judge must allow electronic service. After proof of unsuccessful service is filed, you can ask the judge, in court, for an Order to Allow Electronic Service. You don’t need to file a written motion.

You can electronically serve everyone involved a protection order case except for:

• A restrained person who is in jail or prison
• A vulnerable adult 

Those people must be personally served.

Someone (other than you) age 18 or older must send the papers to the other party. You can get a friend or family member to do this, pay a professional process server, or have law enforcement do it. The person who sends the papers is your “server.” 

Your server must send copies of the papers to the other party by email, text, or through social media. They must get some proof that the other party got the papers. This could be a read-receipt or reply from the other party. Your server must describe or attach a copy of any read-receipt or reply to the Proof of Service form.

If you can show the judge that law enforcement or your server made 2 unsuccessful attempts at personal or electronic service, you can ask the judge to sign an Order to Allow Service by Mail. You don’t have to file a motion, but you’ll have to show that at least 2 service attempts were made. 

Law enforcement must file proof of their attempts at service. If you made your own arrangements, have your server fill out the Proof of Service form and list their attempts in section 3: Not Able to Serve. In section 7: Other, have them describe the efforts they made to find and serve the other party. 

Only serve by mail if a judge signs an Order to Allow Service by Mail. Follow the instructions in the order. You must provide the other party’s last known address and any other address that might reach them. This could be at work, in care of a friend or family member, or an electronic address (email, text, social media).

You must have someone age 18 or older mail the paperwork for you. You can’t be your own server. Your server must mail 2 copies of the papers to the other party: one by regular first-class mail, and one by a type of mail with tracking that shows when and where it was delivered. This could be certified mail with return receipt requested. 

The envelopes must have a return address where you can receive mail. You can keep your home address private by using a different mailing address.

Have your server fill out and sign the Proof of Service form. Service is complete 10 calendar days after the papers are mailed. 

As a last resort, you can ask the judge for permission to serve the other party by publishing a legal ad in a newspaper. This method of serving costs the most. And it may be the least likely to reach the other party. You must show the court that you can’t have them served in any other way.

If the judge signs an Order for Service of Summons by Publication. Follow the instructions in the order. 

If the Respondent is under 18, you must serve the Respondent and their parent or legal guardian. You’ll need an extra set of copies to serve the parent or legal guardian. The parent or legal guardian can be served where the Respondent lives. You can’t serve the Respondent at school unless you have no other address for them.