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Can I Return to the US from Overseas if my Ex took out a Restraining Order against me while I am away? ~ “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I can’t go to court hearing because I’m outside USA and haven’t been served, what’s gonna happen when I come back? Can I sue him? My Ex filed a domestic violence case, (that’s all… Scroll down to read more!

June 27, 2016 / Michael A. Haber /
Q:     I can’t go to court hearing because I’m outside USA and haven’t been served, what’s gonna happen when I come back? Can I sue him? My Ex filed a domestic violence case, (that’s all I was told when I called court) while I’m overseas, i haven’t been served and I can’t go to the court hearing date because I won’t be in USA in some weeks, what’s gonna happen because if that? Also he is falsely accusing me of that when I’m already gone, and I can’t afford a lawyer now. I told sheriffs and court I’ll be in USA in almost a month looks like there wasn’t problem for it. Also could I file a domestic violence against him and a restraining order? Perhaps something against him since he is accusing me of it when I’m not even there? will it be dismissed because I’m out of USA and haven’t been served?
A:     Chosen as “Best Answer” by Asker on www.AVVO.com
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”https://www.avvo.com/legal-answers/i-can-t-go-to-court-hearing-because-i-m-outside-us-2592247.html#!” rel=”nofollow” style=”border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-align: right; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

Best Answer
chosen by asker
Answered .   What will happen is that the DVRO will remain temporary and it will not become permanent until after you have been served, a hearing is conducted and your ex proves (if he proves) that the permanent is necessary and lawfully required.  The Temporary DVRO will remain temporary for so long as your ex continues to appear in Court (the Judge will continue to grant extensions of the T-DVRO), and if at any time your ex fails to appear then the T-DVRO will be quashed and that will be that.

Regardless, so long as it is a civil DVRO then it is not a criminal matter, there is no warrant attached, you are not a fugitive, your name will not be entered into a criminal justice data base, and so no, you will not be taken into custody (not for this anyhow) when you return to the States.  You may be served (although I highly doubt that the Sheriff will be waiting around the terminal for you to return), but in the off chance that you are served then all that will happen is that you will be handed papers which will notice you of a future hearing in civil court (and you will be afforded sufficient time to retain counsel and prepare a meaningful and effective defense).

As to the rest of your question: “Can I sue _______”, this is not a criminal defense question; It is a civil law question.

Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone’s guess.

If you want to increase your odds at getting a competent answer then you should repost this question and list “lawsuits and disputes” and not “criminal defense” as a practice area. In fact, I will do this for you….

I hope that I have been helpful in properly re-directing your questions. 

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

For 25 years years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1





THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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