I can't go to court hearing because I'm outside USA and haven't been served, what's gonna happen when I come back? Can I sue him
My Ex filed a domestic violence case, (that's all I was told when I called court) while I'm overseas, i haven't been served and I can't go to the court hearing date because I won't be in USA in some weeks, what's gonna happen because if that? Also he is falsely accusing me of that when I'm already gone, and I can't afford a lawyer now. I told sheriffs and court I'll be in USA in almost a month looks like there wasn't problem for it. Also could I file a domestic violence against him and a restraining order? Perhaps something against him since he is accusing me of it when I'm not even there? will it be dismissed because I'm out of USA and haven't been served?
3 attorney answers
If you do not appear for court, and you have been properly, the plaintiff will win. This is not a criminal defense question, but a family law, injunction question. It will not be dismissed because you are out of the USA. But you do have to be served for this. It will probably be continued until you can be 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.
The DVRO will remain temporary and will not become permanent until after you have been served. So long as your ex continues to appear the Judge will continue to grant extensions. If your ex fails to appear then the DVRO will be quashed.
Regardless, if it is a civil DVRO then it is not a warrant you will not be taken into custody when you return to the States. You may be served, and if you arwe then you will be afforded sufficient time to retain counsel and prepare a meaningful and effective defense.
As to the rest of your question: "Can I sue _______" is not a criminal defense question; It is a civil law question.
Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone's guess.
If you want to increase your odds at getting a competent answer then you should repost this question and list "lawsuits and disputes" and not "criminal defense" as a practice area. In fact, I will do this for you....
I hope that I have been helpful in properly re-directing your questions.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Attorneys DeGroot and Haber are correct. I would not be proactive in contacting the sheriff's office or clerk. I would be proactive in hiring an attorney to represent you in this matter. It is extremely important that your rights are respected and protected.