Legal Question in Family Law in Washington

unserved restraining order

there was an order of restraint filed in WA, i am a resident of OR. they have not served the order but i already have copies from the courthouse. can i be considered served if i have the papers? if not what could i do to speed the service? time is really important because this is in the midst of heated custody battle between and adoptive mother (me) and a birth mother. any advice would be helpful.


Asked on 7/30/08, 4:37 pm

2 Answers from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: unserved restraining order

You could file an acceptance of service and notice of appearance.

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Answered on 7/30/08, 5:40 pm
Amir John Showrai The Pacific Law Firm, PLLC

Re: unserved restraining order

If you have a copy of the papers, you will see the return date set by the court when you can come to explain your side of the story. Depending on what county it is in, you should consider filing a declaration in response. If I were your lawyer, I'd also consider filing a memorandum of law in support of your legal position. All this would be done ahead of the hearing, with copies served on the other side by mail, per court rules.

Then you'd appear at the hearing, which would solve the issue of whether you were served. You can even file an acceptance of service, but that is not necessary, but if there were any questions of service that is another way to remove any doubt that you have been served.

Either way, the return hearing is set and you cannot do anything to speed that up. Not knowing what county you need to appear in or what the exact nature of the restraining order is about, I would suggest that you contact an attorney in the county where the action is set to take place and at least pay for a consultation to see what your rights and duties in this situation are at this time.

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Answered on 7/31/08, 12:26 am


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