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Zoey, JD
Zoey, JD, Attorney
Category: Legal
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Experience:  Active member of the NYS bar since 1989
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i was falsely arrested by my wife i did not even touch her

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i was falsely arrested by my wife i did not even touch her and now 5 days later she has filed a restraining order. I was not served she called me and says we have to be in court in the morning. All these five days she has walked around me naked i have taken her to work so how is this possible.
Hi Jacustomer,

If this date is your criminal court date for the false arrest you must be in court, but if she then went and got herself a civil restraining order, you have to be served and she has to prove lawful service. As you have a lawyer you should check with him to see whether you need to be there at all. Her calling you is not proper service. As a party to the action she cannot serve you herself.

Yes, if you go to a civil hearing your lawyer can argue that the shoe should be on the other foot and that it's you who are fearful for your safety and need an order. Whether that will fly will depend upon how well he can substantiate the need for one.

If this matter involves the criminal order, in order to get a similar order against her you would have to go to the police and file a report. It's entirely possible though that they will lose interest as you are already the defendant.
Customer: replied 4 years ago.

no its not the criminal date and like i said i was not served she called and said they told me i had to be in court tomorroww morning at 8:30 the crimnal case is not till december and the cops that arrested me said it will proable be thrown out of court all they could see is a tiny redness on her nek thought it was link and this is on the police report. she told the police i slapped her and my boys were right up stairs and nomarking on face


That's what I needed to know. If you don't go tomorrow, she can get a default permanent order. But in order to do that, she has to prove she served you. Now, for all I know she's forged your signature on something but you really want to touch base with your own lawyer and find out whether you should even show up. Because if she can't prove proper service she doesn't get the order. But if you show up, you may be waiving proper service.

Make sure you reach your lawyer before you walk in there.
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