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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116817
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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An order of protection was filed against me, but I was never

Customer Question

An order of protection was filed against me, but I was never served. I called the police station and they want me to come in for questioning. SHould I go?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you were never served the order, you are not responsible for abiding by it. However, you will need to cooperate with the police. You DO NOT and SHOULD NOT answer any questions of the police without an attorney and you are entitled to not only remain silent but to have an attorney present for any questioning. Thus, you need to inform the police that you are not being uncooperative but you are exercising your constitutional rights and wish to get an attorney who will contact them to arrange a time to come in and meet with them to consider whether you will be answering questions for them or not.

At this point, you need to get an attorney immediately before you go. Do not go in without an attorney. However, you have to act by going out for an attorney because if you do nothing they will just issue you a summons or whatever they intend to do without your side of the story and having an attorney contact them could avoid all of that and protect your rights in the process.