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Will the police be sent if I avoid going to court? (self.legaladvice)

Knyburg が 投稿

By now, I assume you remember this. It turns out my that my mom and uncle actually plan to have my uncle be the guardian/conservator. I don't know why it's not my mom. She won't talk to me. Is this even legal? How long do I have before they actually like take this to court? If I go across the country, will they send the police after me? I'm thinking about driving to some MidWest state with my boyfriend. I have access to money now, so I don't really care and he has money. I don't have access to the full amount. It's apparently given out in sections depending on my age, but I have enough that even if they stop letting me access it, I should be okay for at least a year. Will they send the police after me if my mom/uncle takes this to court and I don't show up?

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[–]-Themis- 24ポイント25ポイント  (3子コメント)

Context:

  1. Prior post about mother seeking guardianship.

  2. OP has a history of drug abuse and anorexia.

Yes, it's legal for them to seek guardianship over you, considering that you clearly are not capable of taking care of yourself.

If you "run away" and there is a guardianship, then you will be treated as a run-away child, rather than a competent adult who can live a separate life. If you have money & don't want a guardianship, (1) get clean, (2) get healthy, and (3) go to court to fight against the guardianship.

[–]MartyMcFake 1ポイント2ポイント  (0子コメント)

3 And Criminality

And violence

[–]Knyburg[S] -2ポイント-1ポイント  (1子コメント)

But they won't have guardianship if I don't even get the order to show up since I'm already gone?

What difference does it makes it I'm a run away adult or child? Do they just try harder to search for me?

[–]rhomboidus 16ポイント17ポイント  (0子コメント)

Your response to this situation being "Fuck it! I'll run away!" sort of makes me think someone else having conservatorship might be in your best interest.

That said, if you no-show either you'll have a judgement granted in favor of your mother/uncle or a warrant will be issued for your arrest, or both. If a warrant is issued every time you run into a cop you will be arrested until you sort your situation out.

[–]Kelv37 11ポイント12ポイント  (23子コメント)

If you are ordered to appear in court and you do not then the judge may issue a warrant for your arrest. If you leave the state you may be arrested and extradited back to the county where the warrant was issued.

[–]Knyburg[S] 1ポイント2ポイント  (22子コメント)

Will they order me to appear in court if my uncle and mom are trying to get conservatorship over my money and health decisions?

[–]Kelv37 3ポイント4ポイント  (0子コメント)

Maybe. No idea

[–]MartyMcFake 1ポイント2ポイント  (20子コメント)

Will they order me to appear in court if my uncle and mom are trying to get conservatorship over my money and health decisions?

Probably. I mean, the choice is to order you to appear, dismiss the case, or grant a default judgment. And when it comes to conservatorship I would be really leery of any court that would issue a default judgment granting conservatorship without any appearance from you to contest the motion.

[–]Knyburg[S] -3ポイント-2ポイント  (19子コメント)

So if I don't show up, then they can't make a judgement? So suppose the next time I get access to money is my 20th birthday, if they don't find me by my 20th birthday, then I still have access to money I get when turning 20?

[–]MartyMcFake 3ポイント4ポイント  (18子コメント)

So if I don't show up, then they can't make a judgement?

No, they'll either:

A. Make a judgment (I hope to god it isn't this)

B. Order you to appear (And if you don't, you'll get arrested, and put in jail until you can appear)

C. Dismiss the case to be refiled later (very unlikely).

Frankly it would be in your best interest to fight against an attempt at conservatorship because both A and B are bad, and A is fucking terrifying.

[–]Knyburg[S] -3ポイント-2ポイント  (17子コメント)

So suppose by the time they order me to appear, they can't find me? Then I'll not have known of the order to appear. So like say I leave my phone and whatever, and me and my boyfriend rent a car and drive to Chicago and they can't find me, so will they not be able to arrest me?

[–]MartyMcFake 7ポイント8ポイント  (16子コメント)

So suppose by the time they order me to appear, they can't find me?

You wont know if they did A. or B.

If they did A, then when 20 rolls around, you wont get your money and it'll be really late to appeal.

If they did B. there will be a warrant for your arrest. If you ever get pulled over by the police (for speeding, DUI, boarding an airplane, etc.) they will arrest you and put you in jail until they can contact your home county to see if they want to extradite you. So you can expect a couple of days in jail in every interaction whether or not they want to go to the trouble to take you home.

This would not end for the entireity of your life. It could be 50 years later, and you'd still get a weekend in jail.

Not only that but.

So like say I leave my phone and whatever, and me and my boyfriend rent a car and drive to Chicago and they can't find me

You vastly under estimate lowjack on rental vehicles and the resources at the disposal of the government.

Plus the arrest warrant database is national, so even the chicago cops will arrest you if they run across you.

[–]Reddisaurusrekts 6ポイント7ポイント  (0子コメント)

Just show up to court and not get arrested. The worst case scenario if you show up to court is practically the same as the best case scenario if you don't.

[–]visvis 4ポイント5ポイント  (0子コメント)

You think running away will help, but it won't. Eventually you will be caught. At that point you may have wasted months or even years of your life being on the run and it will all be in vain. Nothing will have changed to your case. Looking at your post history, it will likely be very easy for your mom and uncle to convince a judge that you'll end up killing yourself so they'll likely grant the conservatorship.

Your only way out it to seek help yourself. This could convince a judge that conservatorship is not needed.

[–]KY_KitKat 4ポイント5ポイント  (0子コメント)

I would worry that by running away, you are proving that you are unstable and give them more ammunition against you.

Also, to get conservatorship, you would have to be evaluated by a psychiatrist that specializes in this process. They can't just use any doctor they want, it has to be a qualified one or the court will not accept the eval.

You can also explain to the doctor why you believe they are doing this--the inheritance.

Contact local attorneys and get one to represent you before the court. Explain the situation with the inheritance.

Look up conservatorships online and read up on it. This would help you understand the process.

I know this is scary but please don't run away. Educate yourself and fight!

[–]yellowvitt 0ポイント1ポイント  (0子コメント)

If I had to say something. Get help.

If you can prove to the judge that you are putting yourself on the right track, then the Judge will be more in favor of you.

IANAL.

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Original Post:

Will the police be sent if I avoid going to court?

By now, I assume you remember this. It turns out my that my mom and uncle actually plan to have my uncle be the guardian/conservator. I don't know why it's not my mom. She won't talk to me. Is this even legal? How long do I have before they actually like take this to court? If I go across the country, will they send the police after me? I'm thinking about driving to some MidWest state with my boyfriend. I have access to money now, so I don't really care and he has money. I don't have access to the full amount. It's apparently given out in sections depending on my age, but I have enough that even if they stop letting me access it, I should be okay for at least a year. Will they send the police after me if my mom/uncle takes this to court and I don't show up?