NJ
hI,
I have a question in reference to a Restraining Order Case I got about 10 years ago.I'm not gonna go into to much detail but here goes.I was arrested for violating a Restraining which I was never served or even aware of.I was living with this person who filed it and basically it was in act of vengence and spite.I was Charged with Violation of a Court Order and Criminal Trespassing.
In Court I asked when the Order was filed?Suprizingly the Order was active for 4 years without my knowledge.I informed te Judge that I was not aware of the Order and I was never served with the order!That in fact when lived together for x amount of years with the Order.I told the Judge if I would of known about the Order do you think I would of stayed?The Judge stated you were never served,and had no acknowledgement of the Order,and you have been living with this person with the Order?I said yes your Honor.I actually stayed in County for 28 days before my Court Date even took place!???The Judge in turns to the Filer and say's "You can't file a Order and violate the Order yourself,the Order is not a toy to play with and to abuse"after scolding the Filer but not doing anything Legally for them clearly Violating the Order and says Charges Dismissed!I'm sorry you had to go through this sir.If I were you I'd clearly watch who your with and becareful.However the Order was Filed in a different County giving me no Authority to Dismiss the Order.If it was Filed in this County I would Dismiss it but I cant.
Well I found out that the "Defiant Trespassing" Charge actually stuck and the outcome was "Time Served 28 Days"The Contempt Charge was dismissed.
Now being that I clearly explained to the Judge my situation,why was I charged with Trespassing?Is there anyway for me to seek legal help to have that Charge and Arrest possibly wiped off my Record due to my Situation after all these years?I have witnesses that can back up the statements!
hI,
I have a question in reference to a Restraining Order Case I got about 10 years ago.I'm not gonna go into to much detail but here goes.I was arrested for violating a Restraining which I was never served or even aware of.I was living with this person who filed it and basically it was in act of vengence and spite.I was Charged with Violation of a Court Order and Criminal Trespassing.
In Court I asked when the Order was filed?Suprizingly the Order was active for 4 years without my knowledge.I informed te Judge that I was not aware of the Order and I was never served with the order!That in fact when lived together for x amount of years with the Order.I told the Judge if I would of known about the Order do you think I would of stayed?The Judge stated you were never served,and had no acknowledgement of the Order,and you have been living with this person with the Order?I said yes your Honor.I actually stayed in County for 28 days before my Court Date even took place!???The Judge in turns to the Filer and say's "You can't file a Order and violate the Order yourself,the Order is not a toy to play with and to abuse"after scolding the Filer but not doing anything Legally for them clearly Violating the Order and says Charges Dismissed!I'm sorry you had to go through this sir.If I were you I'd clearly watch who your with and becareful.However the Order was Filed in a different County giving me no Authority to Dismiss the Order.If it was Filed in this County I would Dismiss it but I cant.
Well I found out that the "Defiant Trespassing" Charge actually stuck and the outcome was "Time Served 28 Days"The Contempt Charge was dismissed.
Now being that I clearly explained to the Judge my situation,why was I charged with Trespassing?Is there anyway for me to seek legal help to have that Charge and Arrest possibly wiped off my Record due to my Situation after all these years?I have witnesses that can back up the statements!