Thursday, October 3, 2013

Can I don't answer the door when police try to serve me an temp order of protection?

Q:  my wife were at the family court in white plain yesterday and had a order of protection as she told me over the phone. Do I must answer the door when police knock? Can the police catch me on street to serve me? what will happen if someone other than police serve and I refuse to sign? Trust me my wife is little crazy, because she just ask the judge to have me stay away from her work, and no phone calls, and she allow me to stay at home, and allow me to take care of my kids, she simple just don't want to come home. Tomorrow, she even ask me to pick up the kids and her at the grandma' house to go to the beach.

A:  David's Answer:  If you evade service, then the Judge will most likely just order "affix-and-mail" service where the police can then just leave it at your door. Furthermore, if the order restricts your access to the children, by evading service, you will only interrupt your own visitation rights with your children, You're best advised to schedule a consultation with a Westchester Family Law attorney. --  David Bliven, Westchester Family Law attorney (

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