Green Cove Springs, FL asked in Criminal Law, Domestic Violence and Gov & Administrative Law for Florida

Q: What happens if I can't attend my Maryland court date from Florida for a restraining order case?

I was charged by my family for allegedly breaking a temporary restraining order, which was done in retaliation after my son's father was jailed for abusing me in front of our child. Since then, I've established a good relationship with my son's newborn brother's mother. My son's grandma and Bri plan to support me in court to seek a dismissal, prioritizing the children's well-being. However, I'm unable to attend the court date in Maryland due to financial constraints and lack of transportation from Florida. The court has denied requests to attend remotely twice. I do have a public defender, but there has been limited communication. What could happen to me if I cannot appear for the court date?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you cannot attend your court date in Maryland due to financial and transportation issues, it’s important to address the situation as soon as possible. Missing a court date, especially for something as serious as a restraining order violation, could result in a default judgment against you, meaning the court may rule in favor of the petitioner. This could lead to further legal complications or additional penalties, including the extension of the restraining order or other consequences.

Since you have a public defender, it’s crucial to communicate your situation to them clearly and ask for assistance in requesting a rescheduled date or alternative solutions. Your attorney may be able to request a continuance on your behalf or explore other options for resolving the case without you needing to attend in person. Keep in mind that some courts may be more flexible depending on the circumstances, especially if the situation is explained thoroughly.

If you haven't been able to communicate effectively with your public defender, it may help to follow up more persistently. Document your efforts to get in touch and make sure that they are aware of your inability to attend. You can also consider seeking additional legal advice to ensure you're fully informed about the potential risks and the best way to move forward.

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