Can I be charged with violating a protective order if I was never served?

Asked over 1 year ago - Little Rock, AR

I was arrested for violating a protective order but was never served... the officer took my cell phone, did not read me my rights, and searched my vehicle and had it towed

Attorney answers (2)

  1. Kathryn L. Hudson

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . An order of protection must be served on the party with notice of a hearing so the party can answer and defend against the order. For the order to be permanent or to even be in effect temporarily there must be proof of service filed with the court. Your cell may have been taken as evidence if the allegation was contact by phone. A car may be inventoried after arrest but a search on the side of the road may not have been legal, it depends on the circumstances. I urge you to retain an attorney right away as this is potentially a felony charge and a permanent restraining could effect your right to have a gun among other negative consequences.

  2. Lawrence Orta

    Contributor Level 7

    1

    Lawyer agrees

    Answered . If you were not served with notice of the protective order you will need an attorney to argue the point on your behalf in the criminal proceeding. It also appears that you may have an additional issue regarding search of your cell phone as well. You should contact an attorney as soon as possible so that he or she can enter an appearance on your behalf and request a copy of the evidence that will be used in the case. Good luck.

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