Can I be charged with violating a restraining order which I have never been served?

Question Details:

I received a criminal complaint about me violating a restraining order, which have never been served. Is that legal?

Asked on 12/28/2009 under: Massachusetts Criminal Defense More Legal Topics ▼All States ▼

Christopher Vaughn-Martel / VAUGHN-MARTEL LAW Answered 3 years ago This attorney is licensed in Massachusetts View Attorney Profile

Please note that I am licensed to practice law in the Commonwealth of Massachusetts. My colleague above is correct. Please feel free to contact me if you would like to speak to an attorney about your issue. 617-357-4898.

Henry Lebensbaum / Law Office Of Henry Lebensbaum Answered 3 years ago This attorney is licensed in Massachusetts View Attorney Profile

Issuance of a complaint is only the first step, but not the last one. You need to investigate this matter with the assistance of an attorney. SOmetimes service is not required, and knolwedge may be enough.

Call me with any questions at 978-749-3606.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney Answered 3 years ago| Contributor

The complaint is legal, but so is your defense: that you can't fairly be punished for violating an order that you didn't know about.

It isn't as simple as that statement of it might make it sound. You will need to find out how the original restraining order was supposedly served on you (which will have to show up somewhere in the papers, or it will have to be supplied to you when you ask). Then you will either have to convince the court that the supposed proof of service isn't true, or that some sore of substituted service was made that wasn't good enough. You need a lawyer for this.