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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 19171
Experience:  Active member of the NYS bar since 1989
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I want to dispute an order of protection put on me without

Customer Question

I want to dispute an order of protection put on me without my knowledge in another state and ended getting me a warrant in that state
Submitted: 5 years ago.
Category: Legal
Expert:  Zoey, JD replied 5 years ago.
You're saying you were never served with the order?

What's the present status of the warrant?
Customer: replied 5 years ago.
I was never served or notified until I receieved a letter. The warrant is active according to the The letter stated I can go to Pennsylvania and answer the charges. I know my 6th Amendment -"Right to Speedy Trial, Confrontation of Witnesses" has been violated. Is this something or should I just disregard. I also have a secret clearnce with the Govt.
Customer: replied 5 years ago.
I live in Illinois. I am putting this in as well. I have no future plans to visit that state
Expert:  Zoey, JD replied 5 years ago.
The link you provided me gets me only to the home page. From there, I'd have to log in as you, to see your information. I'll take it on faith that there's a warrant.

The law does allow for a complainant to get an ex-parte order of protection, but when that happens, the party against whom the order was granted is supposed to be served notice of that order.

The problem is that though you were not aware of this and apparently missed your court date -- having had no reason to know you had one -- Pennsylvania doesn't know that. From their perspective, you're a fugitive from justice, and the only way you can get rid of the warrant is to go to the court and have the warrant vacated in front of the judge who is to preside over the case.

There is no statute of limitations on a warrant, and it will be out there against you until it's addressed and vacated. You cannot disregard it, as it will turn up in a background check and compromise your clearance. But even if that were not the case, it will also turn up anywhere in the US, US territories or at the border, any time someone did a check on you. So that, for example, if you were stopped one night for a broken tail light and the cop took your license and ran your name, he'd learn of the warrant. Depending upon what the warrant was for, you could end up detained and facing extradition to Pennsylvania or might just be warned to take care of it, but this can get involved, inconvenient, and embarrassing. And of course, it would keep happening.

You should have a talk with a Pennsylvania lawyer and have him look into the matter and see if, under the circumstances, he can pave the way for you to return without risking confrontation. If the prosecutor can't come up with proof of service on this order, an attorney might be able to do most of this without you, though it's more than likely you will end up having to take an unplanned visit to Pennsylvania to totally resolve the matter.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.

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Zoey, JD
Zoey, JD
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Active member of the NYS bar since 1989