NCPOFFC NEWSLETTER * 6th Edition, January 2014


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Promoting Victim Safety through Service of Protection Orders

Monica N. Player, Attorney Advisor

 

Service is the cornerstone of the civil protection order system. For service to be effective, courts, law enforcement, advocates and attorneys must identify and address gaps in the process that hinder service. This requires a collaborative effort on the part of all persons involved in devising effective procedures for service of protection orders. This newsletter will discuss ways to address issues that impede service of protection orders and affect victim safety.

 

The judiciary and court system play a central role in initiating the service process. At the ex parte stage, courts should ensure the appropriate agency obtains the protection order for service and provides the petitioner a copy. In the event service does not occur prior to the hearing date, judicial practice should allow for the extension of the order as provided under the statutory code.  After the final hearing, staff should serve the respondent with a copy of the order if he or she is present.

 

Advocates can facilitate the service process in several different ways.  First, the advocate can provide the survivor with an overview of the service process. This includes informing the petitioner about all service options. The petitioner should be discouraged from assuming responsibility for coordination of service given the safety risks involved. Second, the advocate should assist the petitioner with safety planning in preparation for service.  Third, the advocate can assist the survivor in obtaining extra copies of the order. Finally, advocates can help the petitioner in gathering information about the respondent to provide to law enforcement or the private process server. This includes helping provide a detailed description and current photograph of the respondent and any information on where he or she may be residing or working that may expedite service.

 

Law enforcement agencies are a critical component of the service process. Agencies can prioritize service of protection orders by ensuring prompt and effective service of all protection orders and creating procedures to expedite service. These procedures should include provisions for serving out-of-state protection orders.  Law enforcement agencies can facilitate timely service by adopting procedures to receive faxed or electronic copies of an order as allowed by law.

 

In addition to prioritizing service, law enforcement agencies must develop procedures to address serving the illusive batterer. Often batterers take drastic steps to avoid service. It is important that law enforcement understand the habits, routines, and practices of the respondent. Much of this information is available from the petitioner.  Officers should work closely with the petitioner and their advocate to obtain pertinent identifying information about the respondent. This information may be informative in serving those trying to evade service.

 

Once service is completed, law enforcement should promptly complete the return of service documentation and return it to the issuing court. Law enforcement can facilitate this process by ensuring the documentation for proof of service clearly indicates the date and time service occurred. The system for filing proof of service should allow law enforcement to file the document in a timely manner. These steps will enable the issuing jurisdiction to confirm that service has occurred without delay.  It is important for the petitioner's safety that law enforcement and advocates notify them once the respondent receives service of the order.

 

Important Note: VAWA Prohibition on Fees for Service of Protection Orders

 

Courts and law enforcement should not charge a petitioner for service of their order. Imposing a fee on the survivor for service of the protection order can cause financial barriers, create significant delays in the service process, and exacerbate victim safety issues. The negative consequences of imposing a fee may include failure of service, delay of the final hearing or the order being unenforceable because the respondent is not afforded due process. The Violence Against Women Act (VAWA) prohibits charging victims of domestic violence, sexual assault, stalking and dating violence the cost associated with service of protection orders. 42 U.S.C. � 3796gg-5(a)(1),3796hh(c)(1)(D)(2013). Jurisdictions should inform personnel about the VAWA prohibition as well as states codes, rules, and/or regulations that require service of the protection orders without charge to the petitioner.

 

Resources on VAWA Service Fee Prohibition and State Provisions on No Fee for Service  

 

For additional information on the VAWA service fee prohibition for law enforcement, see VAWA Prohibition on Fees for Service: Implications for Law Enforcement Officers

 

A statutory summary of state prohibiting fees for service of protection orders is available at NCPOFFC

 

Frequently Asked Questions on the VAWA 2000 Requirements Regarding Cost for Criminal Charges and Protection Orders

 

Violence Against Women Act of 2000 Cost for Criminal Charges and Protection Orders Chart

 

Note: The listed resources were created and published prior to the recent reauthorization of the Violence Against Women Act and do not reflect the expansion of the "no fees" provision to include dating violence and change the citation from 42 U.S.C. �3796hh(c)(4) to 42 U.S.C. �3796hh(c)(1)(D). For questions regarding these changes, please feel free to contact NCPOFFC.

 


This project is supported by Grant No. 2011-TA-AX-K080 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.