Responding to Restraining Order

What is the name of your state? Oklahoma

I was contacted by a Sheriff's Deputy who was looking for my 20 year old son to serve him with a "restraining order". Since my
son doesn't live with me, and I don't have an address or phone number where he can be reached I advised the Deputy that I would try to find him and get him to call the Deputy. Question is what should my son do, what is the process for responding to the order? My son is living in an adjoining state at this time,
the order was posted about 2 months ago, will he get into more trouble because of the time? Will he have to go to court and respond to the charges, should he get a lawyer to represent him. If this isn't a valid charge, does he have any recourse to collect lost wages for time lost, attorney costs, etc.?

Having no experience with matters such as these, I'm not much help, so your thoughts would be appreciated. Thank you.

Sandy

There is a warrant out for your son. He can do one of two things: 1) turn himself in to authorities and wait for their instructions and follow them; or 2) he can ignore it, and it will eventually catch up with him at some time in his life. After he "turns himself in" and the warrant is served (he will sign for it), he will have to appear in court on the date set for a judge to hear the matter. If he doesn't appear, another warrant will be issued for his arrest for failure to appear.

To turn himself in, he can call the police station and tell them what he knows and ask "what should I do?" and then follow their instructions.

He will not get any money back on anything. The magistrate saw fit to write the papers up based on whatever evidence was presented to him by the person who wants the restraining order.

The other things you've asked about, I can't help you with. Hope this helps some.


Good luck.

hmmbrdzz

[TYRIS]

Originally posted by hmmbrdzz
There is a warrant out for your son. He can do one of two things: 1) turn himself in to authorities and wait for their instructions and follow them; or 2) he can ignore it, and it will eventually catch up with him at some time in his life. After he "turns himself in" and the warrant is served (he will sign for it), he will have to appear in court on the date set for a judge to hear the matter. If he doesn't appear, another warrant will be issued for his arrest for failure to appear.

To turn himself in, he can call the police station and tell them what he knows and ask "what should I do?" and then follow their instructions.

He will not get any money back on anything. The magistrate saw fit to write the papers up based on whatever evidence was presented to him by the person who wants the restraining order.

The other things you've asked about, I can't help you with. Hope this helps some.





Good luck.

hmmbrdzz

-hmmbrdzz

are you telling the poster that her son has a warrant for his arrest??

the deputy was trying to serve a "restraining order" not an arrest warrant. when the poster's son is served, he won't go to jail, he just has to stay away from the restrained person and plead his case to the judge.


-sgandy

advise your son that their trying to serve him with a restraining order and have hinm contact them. he should then be able to go in front of a judge and respond to the reason for the restraining order. a local attorney will probably be able to explain the process to him better.

Tyris

[stephenk]

did the sheriff say he had a warrant or restraining order to serve on your son? If the latter, your son is not in any danger of being arrested. the sheriff just needs to serve the restraining order on your son to give your son legal notice of the order so that your son is aware of the restraining order. your son can call the sheriff and make arrangements to be served through the mail or through personal service in the state he now lives in.

Thanks for your responses,

It was a "protective order" according to the Deputy that I talked with. I had a friend of mine who happens to be a Asst Chief of Police here in Oklahoma to check for me and he said there was no warrants for my son's arrest, and he advised me to do the same as most of you did - contact the local police in the state where he's at, advise them of the situation and ask what he should do.

Again, thank you - from a "Graying Haired Mother".