Legal Question in Criminal Law in Kansas

I filed a protection order against an ex boyfriend. I went to court for it on Thursday and the judge stated the defendant had not yet been served so they moved the court date three weeks from then. The next day, Friday, he brought his daughter over to play with my daughter and the cops swarmed my house and arrested him for violation of a protection order. He had a gun on him and drugs. If he was never properly served could they drop the other charges he got? What if I dismiss the protection order? Could he be released since they did not properly serve him in the first place?


Asked on 9/06/15, 6:37 am

1 Answer from Attorneys

Anthony Smith LawSmith

Your in a sticky situation. You asked the Court to prohibit him from coming around you. Then he came around you. You did not indicate how the Police knew that hevwad St your house. If you called them, then they has a reason to come to your house and physically remove him. As part of that, they could at least Pat him down, and possibly search him. Assuming you alleged violence as they reason for the protective Order, his having a gun when they removed him is cause for their concern. Hi can withdraw the request for the protective Order, but it may not have any effect on his drug charge. If there was a reason why he shouldn't have had a weapon, your withdrawing the request may not have an effect on the weapons charge. But, it may bebto your advantage, to withdraw the request, in case you aren't the one that called the police. You have a pending request for a protective Order, that you may have violated by having him over to your house. He may not have known about your request, because he hadn't been several. But, you knew about it, and violated it. The Judge could fine or possibly incarcerate you for violating the Order. If the allegations in your request for the protective order included violence or threats toward your child, they could be put into foster care, due to your failure to take steps to protect then from the threat that you swore was justification for a protective Order.

You should consult directly with a civil or family law practice attorney in your area very soon. Have then examine tg brelevant documents and advise you on your options. You have the potential of losing custody of your child and going to jail yourself.

Good luck

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Answered on 9/10/15, 4:42 am


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