What shouldI do if I have a warrant for my arrest for violating a restraining order thatI was never informed of?

UPDATED: Jan 29, 2011

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What shouldI do if I have a warrant for my arrest for violating a restraining order thatI was never informed of?

I was called on 1/28/11 that I had a warrant for my arrest because I violated a restraining order that I was not aware was issued against me. My ex apparently got an order against me but I was never notified of this. Well I moved to CA from CO and we stopped talking. Then in September I got a call from her. So I thought we were OK to talk to each other. Well we kept talking until December just before Christmas.

Asked on January 29, 2011 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) GET A CRIMINAL DEFENSE ATTORNEY. The importance of this can't be overtated. An attorney can advise you, negotiate on your behalf, represent you in court. Whenever you face arrest or criminal charges, get a lawyer.

2) You'll  probably want to surrender voluntarily--but first get your lawyer and let him or her advise you on what to do. The attorney can probably arrange for a dignified voluntary surrender that will make you look reasonable, nondangerous, etc. In no event try to flee or resist arrest--that will add charges.

3) Don't say anything to the police, prosecutors, etc. until you speak with your attorney. You have a right to remain silent.

4) Don't call the ex again or have any contact with her or her family. If she calls you, don't pick up the phone.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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