The wrong date of birth would most likely be termed a ministerial error and would not be grounds for dismissal in and of itsef. However, depending upon the facts and circumstances of your situation there may be a number of other defenses available to you to defend yourself in court.
I agree with my colleague. The wrong birth date may be an error that can be corrected. If a temporary restraining order has been issued is very important that you seek the assistance of counsel as the possible entrance of a final restraining order has some serious repercussion. Seek the assistance of legal counsel to protect your rights.
The wrong birth date is not going to matter. Whoever is seeking the FRO, will testify that it was you who did whatever they claim you did and the court can grant the FRO based on their testimony. Wrong information on the police report won't make a difference. Restraining Order hearings are civil in nature so it is the person seeking FRO against you, not the State against you.
You should hire an attorney to go to the hearing with you. If the FRO is granted, you will be put into a database of people convicted of domestic violence which will have a serious effect on your future rights, including not being able to own a firearm.
If you can afford to hire an attorney, you should do so immediately. You will not be given a public defender for a case like this since it is not criminal in nature
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.
NO, this will not matter and the judge will ask you what your correct birth date is, and correct it on the record.
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How did the police officer get your brother's birthday? I agree this will not nullify the charges or your duty to appear. You should at least get a consultation with an attorney to review other possible defenses.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
The other lawyers are correct that this typographical error will not make the TRO null and void. I am an experienced family law attorney in Flemington and would be happy to defend you in your case.
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