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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is there a way to know if there is an arrest warrant out or

Customer Question

Is there a way to know if there is an arrest warrant out for you or a restraining order?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hello,

In order for a restraining order to take effect, you have to be personally served with that order. So you would be the first person to know about a restraining order, because you'd have to be served with it. Even if someone got an order against you, the provisions in the order are not meaningful because you haven't been served.

As far as warrants are concerned, arrest warrants are not like warrants for failure to appear. With the latter, you can check the court computer. Arrest warrants, however, are not public records. The investigative, pre-arrest phase of a criminal matter is confidential. The only ones who would know would be the police, and if you're a suspect, the police would be the last people on earth you'd want to contact,

Customer: replied 4 months ago.
is there a way to know if the police are investigating me?
Expert:  Zoey_ JD replied 4 months ago.

No. Again, the whole investigative process is not a matter of public record. The only people who would know would be the police and 1) they don't have to tell you the truth about it, 2) you'd be very unwise to contact them and ask because anything you say can be used against you and 3) no news is good news and you don't want to stir the pot.

You can contact a local lawyer and retain him or her to contact the police and ask if there's a problem. They might be more likely to level with the attorney than with you and at least the attorney can't make statements that can be used against you. But in general, I don't see any good coming from stirring the pot.

Customer: replied 4 months ago.
if no restraining order was served to me, than I should not have a problem approaching a certain person, right?
Expert:  Zoey_ JD replied 4 months ago.

Sorry for the delay but I turned off my computer for the evening.

If you were never served with a restraining order, then there would be no legal reason preventing you from approaching a particular person.

However, that doesn't mean that it makes sense to approach him or her. If that person has told you that he or she has gotten an order, even if you have not been served, he or she is letting you know that she's not interested in having anything more to do with you. So if that certain person has been rethinking whether or not to actually get an order, bothering him or her again can make him or her go straight to the police.

It's always best to give that certain person plenty of time to cool down before approaching again. There may be no order now and you can approach her once without getting arrested, but I assume you still don't want one to issue.

Customer: replied 4 months ago.
I have somewhat related question. Is there a way to tell if a picture of a legal document I received is real or fake?
Expert:  Zoey_ JD replied 4 months ago.

You are already working with other experts on this question which you rightfully posted separately as it is not related to this topic .