Family Law Questions? Ask a Family Lawyer Online.
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.
PLEASE REMEMBER TO RATE GOOD TO GREAT BEFORE EXITING
THIS GIVES ME A CREDIT
I WORK FOR CREDITS
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.
THIS GIVES MME A CREDIT FOR THE LEGAL INFORMATION PROVIDED
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.
PLEASE REMEMBER TO RATE GOOD TO GREAT
THIS IS THE ONLY WAY I GET REMUNERATED FOR A POSITIVE REPLY
BEST OF LUCK