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  1. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested on a Warrant After a Case Was Dismissed

    I gave you the court procedures. If you can find anything that states a warrant is issued upon application for a restraining order, have at it. Since it would be a violation of a persons civil rights to issue a warrant upon nothing more than the fact a person filed for a restraining order, ill stick with the probability you do not understand what you think you understand. The second link I gave you addresses restraining orders and the actions it involves.
    As to an TRO and and fro; all
    states have them. A temp order is often issued on the word of
    the applicant but since the US constitution requires due process, the restrained party must be given a right to defend themselves before a permanent (or in NJ; an FRO or final restraining order) is issued. You are making a big deal about nothing there.

    An arrest warrant must be based on probable cause a crime has been committed. Unless a court deems the facts behind filing for an RO very believable (as in upon the courts inquiry enough believable facts are ascertained the court determines there is probable cause to arrest the restrained party), the court is not going to issue an arrest warrant. It cannot be an automatic action based simply upon filing for a RO since an arrest without probable cause is a violation of the arrested's civil rights.


    and I misread nothing regarding the fact a warrant may have been overlooked. It happens. Unless the court you are in has reviewed the case files thoroughly, the entry of a warrant being issued could be overlooked. it shouldn't but that doesn't mean it never happens.

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