Q: My fiancé was arrested when our protection order has been lifted why is this?
Will he be released from jail? He hasn't violated the law whatsoever. I filed a motion to remove protection order and the judge approved it.
A: Unless he got arrested for some reason other that you do not know about, his arrest for violating an order of protection that has been rescinded could be a false arrest. This happens very rarely, but sometimes the court will not get the paperwork showing that the judge rescinded the order into the police records system fast enough. Usually when a court rescinds the order, it can take up to 24 hours for the paperwork to hit the system. This is why I always tell my clients to carry with them a copy of the court order signed by the judge. So if it's correct that he was arrested for violating the order which actually was rescinded, he should not be facing any charges. Furthermore, depending on the circumstances, he may have a claim for false arrest against the police and the court. We once settled a pretty high dollar value claim for a guy who was arrested for allegedly violating a no-contact order which had be rescinded three days before. As the police were hauling him off to jail, he kept telling him that the order had been dropped, but the cops just laughed at him. But because we sued the county, itt was the client who got the last laugh.
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