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my son was arrested for a restraining order. how can I find out if thjere was for sure an order.
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: Don't know where to try?
Hello Jacustomer,In order to prosecute this case, the DA would have to prove beyond a reasonable doubt that such an order was granted, that your son was served properly with the order and that your son went on to violate the order. But basically, if the DA were not able to verify that there really was an order in favor of the complainant, he would have not have filed charges in the first place. Whether your son ever saw a copy of it is another matter but he should have been served or put on notice in court about an order.At this point, the DA would have a copy of the order, and your son's lawyer would get his copy and be able to give one to your son, after your son's arraignment when the discovery process would begin on the case.
Experience: 18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.