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Samuel-II
Samuel-II, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 21222
Experience:  Practice of law for 20 years
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I am not served an order of protection will it ultimately be

Resolved Question:

I am not served an order of protection will it ultimately be dismissed, if it is in criminal court can there be charged associated with it. If there were would I not have been taken into custody by now? I dont want to be served I am planning on going to LA for a job in two weeks is that a bad idea?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  Samuel-II replied 5 years ago.

hi

 

service is important because an Order of Protection does not go into effect - not valid -until it is served. the Respondent has to be given notice of the court date since the Respondent has the right to appear in court on the next court date. the affidavit of service usually asks for the time and date that the Respondent was served as well as other identifying information about the Respondent such as his physical appearance, etc. the affidavit of service must be notarized. there can be charges associated with such a petition and if that happens, a warrant can be issued for arrest on the charges. that warrant will live in a national database - if you go to LA it is possible such a warrant, if issued for criminal charges, would eventually catch up with you. but that would only pertain if criminal charges are filed - not to the PO

Customer: replied 5 years ago.
Thank you for your help I am so upset right now I cannot tell you. this girl did this simply to get back at me bc I broke up with her. How can I find out if there are criminal charges can I call the precinct and just ask and not say who I am? I just want to know if there are any charges if there are not I will leave to not be served and that will be that. All i want to know is if there are charges here. I cannot imagine how there could be if I was in a precinct asking about this out of NYC district but in Nassau County but I still assume if there were and they were aware of the PO would that not have taken me then? How can I get to the bottom of this. Also if it is just a PO and I allow myself to be served can it affect my future life in any way? Can people read about this somewhere? Can employers find this information out? I just cant believe she is doing this it is so unjust that the courts hand these things out like candy as have read online. I just want this to go away......I dont deserve this, thank you so much in advance.
Expert:  Samuel-II replied 5 years ago.

hi

 

you might want to get served with the termporary order - i am guessing, it is still in the temporary stages. go to that hearing and let the judge know why this has been done and that you are not a threat to her in any way, shape or form and that you plan on going to LA for a job. there are stages here - you can fight a temp order, but once it becomes permanant, it is very hard to get rid of it - appeals on the issue are costly and timely.

 

yes, this is all public information and employers can have access to them. that is why you need to establish if this is in the temp stages - once the temp order is served, there will be a court date where you must appear to take this on. you can then go to the clerk of the court of issuance and review the entire affidavit for which the temp order was issued so you will know exactly how to defend yourself. in many cases, having a local lawyer assist you is well worth the benefit

Customer: replied 5 years ago.
It is definitely in the temporary stages, I was called to the precicnt once and told them the truth I was not going to go there without speaking to my attorney. He has told me that I can not be served and if I am not it cannot go into effect. Wouldnt that be the best case scenario if I am leaving town anyway and I never get served it will be dissolved or so I hear. I just know my x fiancee and she probably said the worst of the worst against me to try and hurt me and thats what I am so afraid of. I want nothing to do with her ever again and never will. It is totally unfair and I dont deserve to have something on my record which I cannot believe this can follow me forever!!! Im so upset u have no idea I can barely type. So if me and my lawyer appear and show that 6 weeks from now I have not in any way contacted her want to or ever will and I am moving 3k miles away would he not dismiss it at that point and not make it permanent. I know these are hard to answer but I am just more concerned with there being criminal charges more than anything else. If there are not then I will not want to be served, does that sound like a bad idea?? I am so confused attorney you have no idea I havent slept in days bc of this. Its mind boggling that anyone can do this at any time.....
Expert:  Samuel-II replied 5 years ago.

hi

 

the order will not be in effect - but she will go back to court and get it made permanent and even though not in effect - because you need notice, it will appear as an issuance on your record.

 

it is mindboggling. i agree. these orders are handed out because judges want to cover their behinds in case someone should fly off the handle and kill someone, you know. and while we know a piece of paper would not stop a mentally challenged person abuse advocate groups have a field day with them.

 

here is the concern - if you do not show up at the temp to permanant hearing the order will be made permanant and it will be reflected as having been issued on your record. it does not matter that if you then have contact, you cant be arrested because the order has not been served. do you get what i am saying? being served with the temp order gives you and your lawyer a chance to see the full affidavit and make a defense as to why it should not be made a permanent order.

 

 

Customer: replied 5 years ago.

I do understand so I have no choice but to get this thing served to me and possibly be arrested and spend a night in jail. I just cant believe this I guess I will go Monday with my attorney and get the temp order and see if I can get the hearing moved up bc I have a huge acting opportunity in LA which I need to be there for by the LATEST Nov 15th. You have been EXTREMELY helpful. Couple questions more and I will gladly pay you you are more than deserving of it.

 

So do I get served or just up at the hearing nov 20th? I just am fearful of going there tmrw and walking into a night in jail for some BS charges she made up. Yeah we had an arguement things were said all break ups are not fun. That was it though I left and she did this to me now.

 

Could there possibly be criminal charges in this PO? If there were would they not have done something by now? Thats just what I dont get.

 

Should I consider taking one out against her bc of some thereatening things she has said to me about her father and new bfs and this and that to somehow defend myself? Maybe to get her to realize we both dont need this just end it and walk away......I have a future to be concerned with and so does she she works in accounting and needs to be bonded as I do. Just dont want a "record" thats the botXXXXX XXXXXne. Whats the best way to avoid that fight it and show that I have not and will not ever contact her hurt her any of it from now until then?

Expert:  Samuel-II replied 5 years ago.

hi

 

do not play the tit- for-tat game. judges really abhor that. check with the sheriff and see if there are any criminal charges pending that prompted a warrant or if it is just the temp order - if no criminal charges - go get the order served and get a copy of the full affidavit from the clerk of the court and read what dates are stated as support for the RO. if there are criminal charges and a warrant then you really will want to talk to a local lawyer who can assist in your surrender and work out a decent bond or release on your own recognizance and get the matter moving so you can go to LA. i suspect it is just the temp RO - and you will want to take care of that. dispute all the dates and times that she has listed by showing you were no where around her - also that this is due to a broken heart - hers and that you need to move on and in no way a threat to her then, now or ever and this will adversely affect your future for employment as you are moving to LA. and you can consult with a local lawyer to help you through this. it would be worth it - in my opinion. good luck

 

Customer: replied 5 years ago.

Agreed on all counts, do you think I stand a chance at having this dismissed? I just hope so, I just hear that they like you said notoriously take the side of women to protect against the one nut who actually goes and does what he says he will do. If its just an OP im ok with going with my attorney tomorrow and getting the order to see what it says. I will show how important my life is by my track record of very successful 6 figure employment on wall st and in sales most recently and I hope to god he has a heart and sees no threat contact been made in the past 6 weeks or whatever it is and just lets it go. I even emailed her pleading with her saying please dont do this why r u doing this to me do you realize what it can do to my life? All I have is my career and if this goes on my record, which is the last thing I dont get so if this does just be temp and then I show and he even decideds to extend like I heard they can do. Will it at some point come off? This can really show up in a standard background check? EVen if it is a civil matter? I just scared bc it is criminal court I have to go to but isnt that bc we were not married and and just endgadged therefore it has to go into criminal court no matter what? or could there be charges here. I will take your advice which I so appreciate and go tmrw and do this and hope to god im not arressted and spend the nite in jail. thank you again please reply and I will send payment what do you feel is fair? You have been a huge relief to me and extremely helpful with your guideance....

Customer: replied 5 years ago.
One last thing I just checked my bank records and see that she was writing checks in my name. She paid the bills but I did not authorize her to take out money in checks written out to herself and some of these signatures do not even appear to by my signature is that illegal? Can she wite checks that I did not authorize and possibly never signed? It may be check fraud no? Its not large amounts but its probably well over 2k dollars over the past 18 months. Is there anything I can do about that?
Expert:  Samuel-II replied 5 years ago.

hi

 

a permanent PO will stay on your background check for just about forever - hard to get it removed. that is why it is extremely important that you take this opportunity to have it stopped in its tracks. you do not want to address her at the hearing. do not speak until the judge tells you to and keep all your comments directed to the court - the last thing you want to do is give the appearance that you are a threat to her. you should seriously consider at least a consult with a local lawyer - yes, judges do hand them out like running water - but an experienced lawyer speaking on your behalf could stop this in its tracks. if there is check fraud and or theft, you need to contact the police and file a report. if you did not give her permission to sign your name it is a crime. i dont think i can help you any further and good luck to you.

 

Samuel-II, Lawyer
Satisfied Customers: 21222
Experience: Practice of law for 20 years
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