Can an Inmate Get a No Contact Order Against Someone?

Yes, inmates retain civil rights, including the right to seek legal protection from harassment and a no-contact order is available to them even while incarcerated. The process is more complicated than it would be on the outside but it is not impossible.

The starting point for an inmate seeking a no-contact order is filing a petition in the civil court of the jurisdiction where the harassment is occurring or where the harassing party is located. This typically means a restraining order or protective order petition filed in the appropriate county or district court. The inmate would need to document the harassment with specific incidents, dates, and the nature of the contact to support the petition.

Filing from inside a facility presents practical challenges. The inmate needs access to legal materials, forms, and the ability to submit paperwork through the court. Most facilities allow inmates access to the law library and legal mail, which can facilitate this process. Having an attorney file on their behalf is the most efficient path and removes most of the procedural obstacles.

On the family obtaining the order on behalf of the inmate, a family member cannot typically obtain a protective order for someone else. The order is issued to protect the petitioner specifically and the person seeking protection generally needs to be the one filing. An attorney retained by the family can, however, file the petition on the inmate's behalf as their legal representative.

On whether the order covers family members and a cohabitating partner, a standard no-contact order protects the named petitioner only. Family members or partners who are also being harassed by the same person would need to file their own separate petitions to obtain their own individual orders. Each protected party requires their own legal proceeding and their own order.