Columbus, IN asked in Civil Rights for Indiana

Q: Is it legal for the police to get a search warrant on a home for a restraing order?

The police got a search warrant to serve me a restraining order.when they came to my home and started kicking in my door I answered the door and they made their way on into my home insteqd of serving me. And leaving now I'm facing criminal charges

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In general, the issuance of a search warrant by the police requires a judge's approval, based on probable cause that evidence of a crime exists within the place to be searched. Serving a restraining order, however, typically does not require a search warrant since it is a legal document that orders a person to do or not to do specific actions. If the police were to enter a home to serve a restraining order, it would usually be done without needing to search the premises, unless there is a separate, specific reason that justifies a search.

The situation you described raises questions about the circumstances under which the police decided to obtain a search warrant alongside serving a restraining order. If the warrant was indeed issued, it suggests the police might have had reason to believe that there was evidence related to a crime within your home. It's crucial to understand that the legality of such an action would heavily depend on the reasons provided to and approved by a judge for the search warrant.

Facing criminal charges in the wake of this incident suggests that the police found something during their entry that led to charges being filed. It's important for you to consult with a legal representative who can review the specifics of your case, including the search warrant's validity, the manner in which it was executed, and any evidence that was collected. Legal counsel can provide guidance on how to address the charges in court and can help clarify your rights and the legal processes involved.

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