Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-19-2005, 05:51 PM
Junior Member
 
Join Date: Nov 2005
Posts: 3
Angry

Violation of restraining order.


What is the name of your state? Indiana

My 23 yr old daughter was arrested in Indiana fir a violation of a restrainging order, one that she did not existed. Her ex boyfriend had it sent to a bogus address and she never knew about it. And for domestic violence. There has never been any physical altercation between the 2 of them. She still does not know what precipitated the warrant. This was done by her ex. Whom she hasn't seen for about 2 months. She was strip searched with a body cavity search in front of the other female inmates, more than once. They took her bra and would not let her put it back on, she is large breasted with just a t-shirt to cover her. My daughter has never been arrested before or had any brushes with the law. She was also never mirandized. She was out of jail less than 12 hours when she was in line at the bank. While waiting (long line) she notices her ex sitting in his truck in the bank parking lot, then his father pulls in and looks in her car and leaves. I am afraid they are setting her up to be arrested again for violating the order. The judge already told her if she had any contact with him she would go back to jail and her bond revoked. How can she protect herself from being set-up for another arrest? I told her to make sure she doesn't leave without someone with her as witness, but she can't do this forever.
  #2  
Old 11-19-2005, 10:45 PM
Senior Member
 
Join Date: Jun 2005
Posts: 2,426
Whatever court put the restraining order in the 'system' had to have received a "return of service/ proof of service' of the restraining order, signed by the person who served the RO.

Tell her to: Go to the court. Pull the court file; See who signed that they, personally, served her with the restraining order.
Ask to appear in court. If the proof of service is a lie, tell the Judge.

Someone must have filed an untruthful proof of service.
Nail them.
Judges don't like misrepresentations to the court, and they remember that.

...or, look at the court file - is she mistaken ?
  #3  
Old 11-20-2005, 08:10 AM
Junior Member
 
Join Date: Nov 2005
Posts: 3

Restraining order


I have a friend who was able to find out the RO was left on a door. They could confirm the address was not where my daughter was staying but could not tell us what it was. I do appreciate your response. It gives us a new avenue to consider that we did not think of.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:06 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.