restraining order

[monster2400]

My situation is that I got arrested some time back for supposedly violating a restrainng order. The problem is that I got served the restraining oder after the fact that I got arrested. I litterally got served the order while being fingerprinted and photographed. I spent the whole weekend in jail because this happend on a Friday. Is this legal? Would I have any case against the police?

 

[BayState]

My situation is that I got arrested some time back for supposedly violating a restrainng order. The problem is that I got served the restraining oder after the fact that I got arrested. I litterally got served the order while being fingerprinted and photographed. I spent the whole weekend in jail because this happend on a Friday. Is this legal? Would I have any case against the police?

No. You have no "case" against the police. If you have LEGAL proof of service that occurred AFTER the violation, you can use this in your defense.

 

[jharris352]

I'm not so sure you don't have a "case" against the Police. The police arrested you and THEN served you with a NCO? By doing so they basically admitted that you had no Notice of the order. Now if you had some other constructive notice, or you were doing something else criminal then you might be in real trouble. When I say you might have a "case" against them, I do not mean for monetary damages.

 

[mightymoose]

What kind of restraining order was this?
Were you actually booked into jail on the violation of the order or for something else?

I suspect there is some information missing here. Is this related to domestic violence?

 

[raskalnikov]

I agree with JHarris,

and also have the same suspicions as moose.

 

[CdwJava]

I suspect that the police were under the impression the order had already been served. OR, the arrest was for some other violation and the order was served on him later.

Oh, and if the police arrested him based on an unserved restraining or protective order and MA law does not allow such an arrest, yes, there could be a suit made against the police. I doubt that is the case, though, and suspect there was either a miscommunication or some other cause for the arrest.

Monster2400, what charges were you booked for?

- Carl

 

[monster2400]

The arrest was specifically for violation of the restraining order. The police knocked at my door one night and said that I am under arrest for violation and I immediately asked "what restraining order?" and they told me that my ex-girlfriend had one against me and that she called the police saying that I "drove by her house." I told them that I never got served but that didn't matter, they arrested me anyway.

 

[CdwJava]

Then you should have no problem getting the charges dismissed. If the order was not served, then they should not be able to meet the burden of proof necessary to prove guilt.

- Carl

 

[jharris352]

I agree with CDW Java. I think what happened was she filed for a RO and when she saw you drive by she called the police. They looked you up and saw that you had a RO against you (it wouldn't say if it was served yet). So they went and picked you up. When you told them it had not been served yet, someone actually looked and figured out you were right. So they served you in booking and let you go (on bond?). Now the RO is in full force and effect so don't mess with it. As for whatever they charged you with, you should be fine. Let the girl go. Good luck.