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A judge issued an injunction and then held a firearms

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A judge issued an...

A judge issued an injunction and then held a firearms surrender hearing without notifying me and then issued an arrest warrant I surrendered the guns but the warrant is still outstanding I want the warrant voided! How

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

See 2017 cv 000181 civil I am in Costa Rica

Lawyer's Assistant: Have you talked to a Costa Rican lawyer about this yet?

No the case is in wisconsin

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to have the hearing reopened as well so I can testify

Submitted: 6 months ago.Category: Family Law
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12/27/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,787
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

What was the reason for the arrest warrant being issued? You are voluntarily out of the country?

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Customer reply replied 6 months ago
I did not appear at the firearms surrender hearing even thought the judge knew I was out of the country voluntarily
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

Failure to appear at a hearing is grounds to issue a warrant though, so there is only one way to get the warrant recalled and that is for you to appear. I asked if you were out of the country voluntarily because you cannot use being out of the country voluntarily as grounds for you to argue you were deprived of your rights and did not get a hearing when you voluntarily chose not to attend or at least have a local attorney present to try to preserve your rights.

So, if you want to try to resolve this issue now, you would need to use a local attorney in WI to appear with you to explain to the court why you did not appear and it was not that you intentionally ignored the court's order to appear and that would be the only way to get the court to withdraw the order.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
i was not served a summons to attend this hearing
Customer reply replied 6 months ago
Also how can I request to reopen the case on the grounds of lack of due process
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

If you were out of the country, they could not serve you with a summons. You said you were out of the country, so that is good cause for the judge to hold the hearing without you and to issue the failure to appear. The injunction is TEMPORARY, so once you appear and the case proceeds, you can seek to get the injunction lifted.

It is not lack of due process when your own conduct of voluntarily being out of the country caused the due process not being fully provided. You need to engage a local attorney, appear and then you can challenge the injunction on its merits.

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Customer reply replied 6 months ago
The Judges order is not temporary it is a 4 year restraining order. I want to contest the judges decision that I was serve
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

Then you need to appear in court on the warrant and your attorney will seek to vacate that injunction based on presenting evidence to the court. You cannot avoid appearing in court with counsel if you want to do anything about this matter.

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Customer reply replied 6 months ago
if i enter the US will i be arrested upon entering? Also if I travel to other countries outside costa rica but not the us will the warrant be honored and me arrested
Customer reply replied 6 months ago
Also the judge knew I was out of the country when he ordered the hearing to be held. I should have been served here as this is my address by US post and all other forms
Customer reply replied 6 months ago
Also how do I appeal upon this issue of Lack of due process? Appeal to Federal court?
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

I know you said several times the judge knew you were out of the country, he had no obligation or legal means to serve you outside of the country. He also did not need to hold up his case because you were out of the country and outside of the reach of his jurisdiction.

Yes, if you enter through immigration into the US, you will be detained and as far as being arrested it all depends on if the court will pay for you to be extradited back to the court in WI or not. If not, they will release you, but the warrant will remain. There are other countries that will honor the warrant, but unless WI will pay to send you back, they will not arrest you.

I told you how you deal with the issue, you need an attorney in WI to appear in court and arrange for you to appear so you can fight the case. The federal court will not intervene because of the Rooker Feldman Doctrine, you have to continue this through the state courts.

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Customer reply replied 6 months ago
how much time do I have to file an appeal in this matter? Also at the injunction hearing the judge determined that I was served with due diligence even though he knew i was out of the country. I should have been served here!
Customer reply replied 6 months ago
will panama detain me upon entering
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

The judge determined you could not be located for personal service despite due diligence maybe, which would make more sense based on everything you stated above. He could not serve you there properly, since he had to get a court in Costa Rica to do so if he wanted to do so and Costa Rican courts are not cooperative with US courts.

Will Panama detain you, not likely as they will not typically extradite you to the US on this.

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Customer reply replied 6 months ago
This was a civil not criminal case. The Judge should have had due process served here as he didnt he issued a RO and issued a new hearing for firearms surrender knowing I was here. This is just BS How can I get a copy of the restraining order issued electronically I have no idea what he issued
Customer reply replied 6 months ago
what time do i have to appeal on due process in WI
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply

You have 30 days to appeal the decision. You need to again engage a local attorney in WI to file to appeal the decision. The copy of the order would have to come from the clerk of court's office.

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