I've been out of USA for almost two weeks and I was supposed to be ok with my ex boyfriend, he was pissed off because made this trip and he started threating me saying he was gonna kick me out which he did I still have stuff of mine in his apt that I will go get when I'm back and I'll go there with the police, I don't know when I'm gonna be back probably in a month or so I really don't know. Now I just found out that he filled a case of domestic violence against me in court and I have a court date next week and there's no way I can go, I called the sheriff department and court to tell them I might be there in 3 weeks which is not comfirmed at all cause of an emergency here, they said they will call me in 3 weeks anyway, and I don't live there either anymore all I'll do is to pick my stuff up so my question is, what's gonna happen in this case? Also I can't afford a lawyer, I will move to another state when I'm back, will this affect me? Will this be dismissed? I need some advise please I'm overseas and there's not much I can do at this point with this, I've done nothing of domestic violence for him to do it and I have emails proving he is the abusive one with insults. I'm lost.
What exactly was filed against you? If it's a petition for protection against domestic violence, you have to be served with it by the Sheriff's Office. Since you are not in the USA, I presume you were not served. As such, the Court will simply keep continuing it until you are served.
It sounds to me that you can't afford NOT to have a lawyer. Domestic Violence cases are not something to trifle with. I cannot tell from your question whether this is a domestic violence injunction petition or a domestic violence battery. Either way you need representation from a local criminal defense lawyer.
Oh well, no attorney pretty much means that you will lose if you do not show up after being properly served.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
You have to be served with the paperwork. Because you are out of the country, you have not been served. When you return to get your belongings, my guess is you will be served at that time. When you are served hire a lawyer to represent you and provide him the evidence you have.
I agree with the other contributors. The case will continue to be continued until you may be served. I would not be proactive in calling CCSO or the Clrks office. No good deed goes unpunished. However, I would be proactive in hiring an attorney to represent you in this matter.
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