What happens if a restraining order is filed against me and a court date is set but I was never served papers. I've had the police come to my house but nobody was home. court is next week and I still, I guess , have no official notice of any court date. The only reason I know is because the person that filed came over and told me. The laws on this stuff need to be looked at. All a woman has to do is say I did or said something that scared her and that's all they need to arrest me, file charges, take away my kids, freeze all my assests(which can be awarded to her at the hearing)and award her spousal and child support! all she has to say is BOO!!!
2006-11-20 19:13:18 · 25 answers · asked by sneaky 1 in Politics & Government ➔ Law Enforcement & Police
I just dealt with a case like this where an individual was told not to call on go near another person, they filled an order of protection and he ws not present. He didn't even know it existed. It was his own mother and step dad. They lured him to the apartment complex by telling his aunt that his property was on the stoop. He picked it up. The next day he was just walking down the street and was picked up by police based on a description and arrested for violation a restraining order, fined and arrested. I got him released ROR argueing the same points as some of your answers listed above but the short of it is he is going to county lock up if he doesn't beat the charge. lawyers fees are expensive. he can now only afford a public defender and they are way over worked, under paid and not to bright, I would expect probation or 30 days incarceration at county lock up and if you are not careful you will receive the same. After the hearing the constable or someone will make one attempt to serve you and that is it. You need to obey the order or face arrest. Unless you have unlimited money for attorneys fee you shouldn't fight it. Or you might be using the public pretenders office. Work this out through a third party and be apologetic and humble. Get this order dropped or you will run into this person and do some time. This case was in Upstate NY but the laws are very common throughout the US and some places might add stalking. Big jail time! watch your step, the law is on the filers side, file a counter order asap.
2006-11-20 23:24:14 · answer #1 · answered by yellowkayak 4 · 0⤊ 0⤋
If the protection order was filed against you it is most likely a temporary protection order pending the court date. It DOES NOT matter whether or not service has been made on you for the order to be enforced...you have to understand that. As for your court date, I would venture to say that since you know about it you should be there. Better yet, you should contact the law enforcement agency that is attempting to serve both the order and subpoena and make arrangements to pick them up (either you or your attorney can be served). Get into court so you can dispute the protection order and at least try to get that lifted. As for the other issues you are all too right. Unfortunately there are people out there who really do abuse their spouse and there is a true need for the law. However, the courts have basically opened the door wide to anyone who wants to get a protection order and they can now get them for free. The amount of those that are issued is mind boggling and we are now faced with bogging down the court system with even more frivalous crap than before. Seems as though you may well be a victim of the system.....or you beat the **** out of your spouse and now have to pay. Hope it's the first rather than the later in your case. GET AN ATTORNEY!!!
2006-11-20 23:28:42 · answer #2 · answered by Leigh P 3 · 1⤊ 0⤋
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What happens if a restraining order is filed against me and a court date is set but I was never served papers.
What happens if a restraining order is filed against me and a court date is set but I was never served papers. I've had the police come to my house but nobody was home. court is next week and I still, I guess , have no official notice of any court date. The only reason I know is because the...
2015-08-19 02:55:17 · answer #3 · answered by ? 1 · 0⤊ 0⤋
In most jurisdictions, the courts do not go after men based solely on the word of a woman. I am NOT A LAWYER!! Usually, if you have not been served by the Sheriff, you have no knowledge of the order and no parts of the order can be put into effect. You need to contact an attorney to clarify the rules for your jurisdiction. You could also contact the Sheriff's office and double check with them.
Since you have done nothing wrong, call the court, get served and show up on the date to contest it. Typically, the full hearing requires a higher level of proof, so if you haven't done anything wrong, there will be no proof to the contrary. Temporary restraining orders are issued to protect victims of domestic violence. In 2000 over 1200 women were killed by an intimate partner. The courts take these matters seriously, but the truth usually comes out in the end.
2006-11-21 03:08:48 · answer #4 · answered by yellowbugchickoh 3 · 1⤊ 0⤋
Restraining Order Against Me
2016-11-04 23:49:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You are kind of exaggerating about what can be done at a hearing for a restraining order. I advise you to tell the unvarnished truth in the courtroom. But it is true that you can be arrested if somebody accuses you of a crime. If the accuser is lying, though, s/he can be arrested.
A restraining order is not an indictment or an arrest warrant. It is basically a law which applies only to the person named in the order. If that person abides by the conditions in the order, s/he is not in violation of the law.
To have a restraining order made against you, generally you have to receive formal service of the papers, and a court date will be set. If you are in doubt as to whether you have been served or not, it would be a good idea to find out from the court. If you have been served but do not show up for court, you are already in trouble for failure to appear.
2006-11-20 19:34:08 · answer #6 · answered by The First Dragon 7 · 1⤊ 1⤋
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You need to write down everything that has happened, try to put a date and time on all of it. Please call authorities if anything else happens. You need to get this woman's full name, date of birth, and a valid address where she resides. Next go to the court house, and up to the office, I believe its the child support office, and fill out a request for a restraining order.Write down every threat and other things she and her friends have done. Give it back to the clerk, they will review it and give you a answer. Yes, you should very well be granted one. They will then have you sign papers and swear to its truthfulness. The woman will be served and you both will have a court date where it wil be finalized. Good luck, and keep that log going. If you can install video around your house do it. Get a camera phone and record any incidents and then contact the police.
2016-04-04 02:11:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Most courts require an affidavit of proper service. If they have that on file, you're screwed. The best way to find out is to call your local judicial court (domestic violence or family division usually) and ask if they have a record of you being served. If they don't have it on file, the temporary order will be extended until they find you and they will keep pushing the court date out.
It's also not nearly as dramatic as you make it sound. Nothing is awarded to her in the hearing. The initial hearing is to determine whether or not there should be an order in effect. Most restraining orders end up being No Contact orders, which means the NEITHER of you are to speak to each other or to encourage others to communicate on your behalf.
2006-11-20 19:24:38 · answer #8 · answered by Anonymous · 0⤊ 1⤋
In my state if you file an EPO..it has to be served by the local sheriffs office. I had to get one on my ex and they first couldn't serve him the papers. I had to find out where he was living and give them the address. He actually had to sign the EPO papers or they were just that papers and nothing more. Also if you don't go to court over it then they issue a DVO. Which is a Domestic Violence Order. Its good for 3 years. If you want to defend yourself you should go to the hearing. Don't lie to the judge. Don't say she is lying. The judge will decide that for their self. Its not a big deal. They can't make you pay child support or anything like that. But if you do have kids make sure they are not included in the order. At first I had temporary custody of my kids, but when we went to court I had the judge to drop that part. I wanted him out of my life not my kids life. Hope that helped..Thanks
2006-11-20 21:42:58 · answer #9 · answered by Mustang 3 · 0⤊ 0⤋
A restraining order is an order of the court for you to act within the request made by the plaintiff. If you do not receive a notice, you have a valid reason not to attend but be careful because you might be declared as in default and the f\court can rule against you.
2006-11-20 20:29:40 · answer #10 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋