Violation of a Restraining Order
Jul 16, 2014OUTCOME: Dismissed
Client was charged with Violation of a Restraining Order after his ex-girlfriend called police when he showed up at her apartment. Police found him hiding in her basement and he admitted knocking on he ... r door in an attempt to speak with her. Attorney Leon investigated the case and discovered that the restraining order had never been served on client so he did not have notice of its existence and could not be charged with violating it. The restraining order was issued out of a different court and there was no return of service in the court’s file because it was never served. The court’s file included documents from the police department explaining that they had attempted to serve the order on client but were unsuccessful. Attorney Leon used this information to immediately have client released from custody. In response, client’s ex then claimed that he was aware of the restraining order because she had notified him. Attorney Leon was successful in persuading a judge to dismiss the case because client’s ex lacked credibility. The case was dismissed.
