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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 200
Experience:  Attorney
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Can someone get arrested if they weren't served the

Customer Question

can someone get arrested if they weren't served the restraining order & didn't know it existed?
JA: Have any papers been filed in family court regarding this matter?
Customer: yes & signed by the judge but the person that violated it wasn't aware it existed?
JA: Because family law varies from state to state, can you tell me what state this is in?
Customer: louisiana
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 29 days ago.
Category: Family Law
Expert:  Bill Attorney replied 29 days ago.

This is attorney Bill offering legal assistance today.

In order for a restraining order to be effective it must be served on the person by the sheriff it purports to act upon.

If a person was never properly served by a restraining order, it is a full defense to contempt proceedings to plead lack of proper service and you can motion the court for a dismissal before proceedings for lack of proper service.

Please follow up with me if you need more information.

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Attorney Bill

Customer: replied 29 days ago.
what happens if the already arrested him, he's released, but was put in jail bc of violation of the restaining order & he wasn't ever served. I feel they arrested my son illegally since he was never served. They served him after the fact, in jail. Does that mean the protective order is also dismissed against him?
Expert:  Bill Attorney replied 29 days ago.

Thank you for following up with me. It is likely that the arrest is under another charge or a related charge, such as threatening behavior and not actually for failure to comply with the restraining order, since he was later served while in custody.

He has a right to demand TO KNOW what offense he is being held under against his will.

a PROTECTIVE ORDER must also be properly served on your son before it is served, in person service suffices.

If the arrest was illegal, it may be possible to sue the city police. But more information about the arrest would need to be obtained.

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Attorney Bill

Expert:  Bill Attorney replied 26 days ago.

This is attorney Bill here following up with you on your question.

I see you haven't rated positively yet.

Do you require any more information ?

I'll be happy to assist if you do.

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Attorney Bill

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