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Your ex filed an restraining order against you and you are not been served yet and he came to visit and communicated with you is he violating his order?
Typically a person cannot violate their own order. In other words, if he has an order of protection against you, and voluntarily comes near you, you must move away from him, or you are the one in violation. If he calls you, and you do not hang up, you are in violation.
You do not, however, have to leave your own home, should he show up. But you should not let him in.
That's what usually applies when you've been served. As you haven't, you have a free pass the first time, for when the police respond, they'll simply serve you then.
All that said, the laws vary from state to state. You would do well to consult with an attorney at once, so as to learn what specifically applies to you in your state, and how to guard your rights.
Another View:
The first statment contained in the foregoing answer is INCORRECT! The last statement contained in the foregoing answer is CORRECT. The petitioner of a restraining order, having been successfully awarded the order, cannot then violate his own order, and use it as a tool to intimidate and approach the very person HE wishes the court to keep away from him. He is as subject to arrest for violating the order as she would be if she was the one who approached him, instead of vice-versa.
What else can I help you with?
How do you find out if someone has a restraining order against them?
The easiest way is to break the restraining order...then you will know.... Depending on the state you have to be served the restraining order. If you think you might have one, it is best just to assume you do have one and avoid breaking it...
Is there any recourse against a person who takes out a restraining order but doesn't serve it?
It is not up to the person who takes out the order to serve it. That is done by a court server. If the person being served can not be found, the order can not be served.
If you were not served the restraining order will it expire or go into effect?
It will not expire.
Can someone in state prison be served a restraining order?
Yes they can.
What is a restraining notice?
A restraining notice is a legal document served on a debtor's bank account, notifying the bank not to release funds to the debtor, but rather to hold them for potential satisfaction of a debt owed to a creditor who obtained the restraining notice through a court order. It is a way for creditors to protect their interests by freezing the debtor's assets.
If you have a restraining order on someone can you visit them in jail?
Yes. Fill it out at your court clerks office and it will be served on them before they get out. That way it will be illegal for them to contact you upon release. If you are the victim, and the reason they are in jail, then most states have a victim liaison at the court. Ask you court clerk to have them help you.
If both parties to not get a copy of a restraining order if it a valid order?
If it can be proven that the un-served party "knew" of the restraining order, the fact that they did not receive (or avoided) service of it, is not a defense.
How much time does an attorney have to serve the other party a temporary restraining order?
In my experience, restraining orders and domestic violence injunctions are served by the Sheriffs Office or other law enforcement-associated agency. They are not served by private individuals, attorneys included.
You have been served a restraining order but shes calling me to get me in trouble what are my rights?
You need to speak to a lawyer in your area.
What happens when a restraining order is put on someone in the same household?
If there are any restirctions on the distance that must be kept between the parties, the one against whom the injunction was served must leave the residence and seek other living accomodations.
Is a restraining order valid if it is served at the wrong address?
You'd have to discuss it with your lawyer. If it is an old address of yours, it would still count, but if it is an address you've never lived at it doesn't. If there's a spelling mistake it still counts. If the number is wrong, discuss it with your lawyer.
How do you get a restraining order served if you have no address on the person?
You may be able to arrange to have them served at work or at another place where they frequents. If not, you may need to hire a private investigator to find this person.
