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

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.