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charged with 2 counts of order of protection violations

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stealth2

Under the Radar Member
You don't seem to understand that you have two different issues. One is whether the RO should stand, based on her keeping in contact with you. That is COMPLETELY separate with your violating the RO! The court doesn't care WHY you did so, just that you did. And for that, you're solely responsible.
 


You don't seem to understand that you have two different issues. One is whether the RO should stand, based on her keeping in contact with you. That is COMPLETELY separate with your violating the RO! The court doesn't care WHY you did so, just that you did. And for that, you're solely responsible.

Ok, I understand that. So if I can successfully dispute the standing of the OP (it's not an RO) then the violations under it should be dismissed, correct?
 

Ohiogal

Queen Bee
Ok, I understand that. So if I can successfully dispute the standing of the OP (it's not an RO) then the violations under it should be dismissed, correct?

NO. The order is an order. Whether it is dismissed now doesn't dismiss anything that you did while it was in effect. YOU HAVE BEEN TOLD THAT SEVERAL TIMES!
 
NO. The order is an order. Whether it is dismissed now doesn't dismiss anything that you did while it was in effect. YOU HAVE BEEN TOLD THAT SEVERAL TIMES!

OK! THANK YOU FOR THE EMPHATIC CAPS LOCKS!!!

So you really think that the judge is going to rule against me regardless of the fact that she's contacted ME at least 200 or more times, lied about dropping the order (bearing the witnesses are heard), and resumed a relationship with me under the false impression that I was doing nothing wrong?
 

>Charlotte<

Lurker
Yes--and for a simple reason. It doesn't matter if she invited you to tea with an engraved invitation. She does not have the authority to give you permission to defy a court order, even if that order was at her own request.

"The judge ordered me to stay away from her, but she's telling me it's okay" is a very unwise thought-process.
 
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las365

Senior Member
Don't misunderstand what I'm saying. Read this:

I called her sister and informed her of what happened and that S needed to leave me alone.
S even put this in the complaint that I was "trying to pass a message" in that instance.
You were trying to pass a message. I don't know whether that was prohibited by the OP, but you need to get a good grasp of the bare facts.

Your interpretation that her putting the items in your truck was a request for you to contact her gets you in trouble. I think that the text messages from her work in your favor, but to condemn her as a druggie while you are recovering plays against an argument that you had good reason to contact her in response to her messages.

Strip your personal timeline of what happened of all adjectives and adverbs and emotional qualifiers. I could be completey wrong, but I think that trying to smear her as a slutty drug user does nothing for your defense.

Congrats on your recovery!!!!!!!!!!! It is a tough thing to do, but so rewarding, and I'm proud of you. On a personal note, I hope you have a good sponsor. This is a rich string of events for step work.
 

stealth2

Under the Radar Member
Ok, I understand that. So if I can successfully dispute the standing of the OP (it's not an RO) then the violations under it should be dismissed, correct?

Are you TRULY this stupid? The court ORDERED you to stay away from her. Period. You didn't. You're in contempt.

As to whether it's an RO or OP - a matter of semantics, to be honest. You might note that they have a term in common. ORDER! What the court TOLD you to do. You didn't! You're in CONTEMPT.

Can we make it any clearer to you?
 
Are you TRULY this stupid? The court ORDERED you to stay away from her. Period. You didn't. You're in contempt.

As to whether it's an RO or OP - a matter of semantics, to be honest. You might note that they have a term in common. ORDER! What the court TOLD you to do. You didn't! You're in CONTEMPT.

Can we make it any clearer to you?

No, I'm not stupid. I just think it's stupid that she can contact me, tell me she dropped the order, and then turn around and have the DA file charges. In consideration that there has never been a domestic violence incidence nor was there one in this instance just baffles me. I understand the need for these types of orders, but I never ONCE threatened violence upon her. Sure, we had our shouting matches and our disputes in the past but is that really reason enough to put me in jail, ruin my good name, and put me through more emotional stress? On top of losing the person who I thought I wanted to spend my life with (man, was i ever wrong), I'm going to have to empty my savings account at what appears to be merely an attempt to get this dropped!

Your interpretation that her putting the items in your truck was a request for you to contact her gets you in trouble. I think that the text messages from her work in your favor, but to condemn her as a druggie while you are recovering plays against an argument that you had good reason to contact her in response to her messages.

IN that instance, she had called my work - which I ignored, then later that evening she dropped off the sex tape on my truck. After which I had contacted her sister informing her she needed to leave me alone, that I had an OP on me and that she was obviously trying to get in contact with me.

A month later is when we happened to be in the same place at the same time and that's when she approached me, lied to me, and we resumed a relationship for two weeks. The reason why it fell apart is she tried to tell her family she was seeing me again, they flipped out, threatened to disown her, and pressured her to file a complaint - which is why I'm in this mess.

For those two weeks, she had text messages me literally hundreds of times (whether it be to say 'what are doing tonight?', 'i love you', 'can you get me some weed', etc.) and called me at least dozens of times (sometimes for hour+ conversations). I can easily prove we had a relationship together again, and that she had in fact made it apparent that she'd dropped the order of protection. My question is how do judges usually react to this type of situation when there is no evidence of domestic violence or threats of violence?

I don't discount that I was wrong in not following up on researching if the order had been in fact dropped. Would it have mattered though had I followed up on it? I'd still be in the same boat -- angry family, vindictive young woman, etc. I was in love, drunken by the numerous intimate encounters we had for those two weeks and clouded by our substance abuse.
 

Ohiogal

Queen Bee
Dude even with the OP or RO or whatever, she could have tapdanced on YOUR bed NAKED and begged you to be near her and not have been in violation because it was AGAINST YOU NOT HER!
You are acting thick. You just do NOT WANT to UNDERSTAND do you? If she comes in to where you are you are required to leave. YOU are required to know whether or not the order has LEGALLY been dropped. Finding that out is on YOUR shoulders. YOU are RESPONSIBLE for that. Just because you want to claim ignorance is NOT our problem, her problem, or the court's problem. It is YOUR problem. Because ignorance quite frankly is NOT a defense.
 
Dude even with the OP or RO or whatever, she could have tapdanced on YOUR bed NAKED and begged you to be near her and not have been in violation because it was AGAINST YOU NOT HER!
You are acting thick. You just do NOT WANT to UNDERSTAND do you? If she comes in to where you are you are required to leave. YOU are required to know whether or not the order has LEGALLY been dropped. Finding that out is on YOUR shoulders. YOU are RESPONSIBLE for that. Just because you want to claim ignorance is NOT our problem, her problem, or the court's problem. It is YOUR problem. Because ignorance quite frankly is NOT a defense.

I guess you're not understanding that I get it. I violated the OP. My question was, and still is, how do judges typically react to these types of allegations when the person who has the order of protection attempts to make contact, lies about dropping the OP, resumes an intimate relationship for a substantial amount of time and then turns around and files a complaint? Does the DA typically drop it? Do judges typically still enforce the OP? Also consider the fact that there were and are no allegations of DV or history of DV in my life, and I can prove all of this beyond a shadow of a doubt.
 

LdiJ

Senior Member
I guess you're not understanding that I get it. I violated the OP. My question was, and still is, how do judges typically react to these types of allegations when the person who has the order of protection attempts to make contact, lies about dropping the OP, resumes an intimate relationship for a substantial amount of time and then turns around and files a complaint? Does the DA typically drop it? Do judges typically still enforce the OP? Also consider the fact that there were and are no allegations of DV or history of DV in my life, and I can prove all of this beyond a shadow of a doubt.

Don't you have an attorney?...or at least a public defender? That is the better person to generally tell you what the judges in your area typically do....and more importantly, what kind of proof is necessary to substantiate what you are alleging.

In general, judges are not tolerant of people who break protective orders, no matter what the provocation. (as OG so graphically explained..LOL), but some judges might also have a problem with the protected person initiating contact, if it can be proven with hard evidence. However you won't find out here if that is even a remote possibility for you. You will only find that out from your attorney.
 
Don't you have an attorney?...or at least a public defender? That is the better person to generally tell you what the judges in your area typically do....and more importantly, what kind of proof is necessary to substantiate what you are alleging.

In general, judges are not tolerant of people who break protective orders, no matter what the provocation. (as OG so graphically explained..LOL), but some judges might also have a problem with the protected person initiating contact, if it can be proven with hard evidence. However you won't find out here if that is even a remote possibility for you. You will only find that out from your attorney.

I've talked to dozens of attorneys, some are saying that I'm looking at 10 days for every instance that I contacted her or she contacted me (that would number in the hundreds, literally) -- others are saying that I don't have to worry about much considering the evidence and witness testimonies I have. Some have told me that the charges might be dropped, or I might have some kind of probation period then if nothing else happens that I'll have my record cleared.

I have an appointment with more lawyers this week and the public defender on the 10th. After the appointment with the PD I'll make my decision as to what I'm going to do in regards to my defense.

I just hope the charges are dropped, her OP is dismissed and she is reprimanded in court for her immaturity and lack of character regarding this matter. While I realize what I did was wrong and punishable I just feel it's ridiculous considering I've never hit a woman in my life or threatened anybody with any type of violence. I'm a rather peaceful man, and have only been in maybe 3 or 4 physical fights in my life. She on the other hand has had abusive parents and I've confronted her mom several times when she was being verbally abusive towards her. Her mom has been in numerous physically abusive relationships. It's just unfortunate that her mom is instilling fear in her daughter and she is too immature to realize it. As such, resulting in putting me through the proverbial ringer.

I should of known better, and that's life I suppose.
 

jan3663

Junior Member
brknhearted

How did the appointment go with the Public Defender??? Even with your attorney? Please let me know. :)
 

jan3663

Junior Member
Zigner

He may not be able to get to a computer right now...if ya know what I mean!

Yeah, that could very well be the case. A plea bargin which he's jailed right away. We may never know. I've just been curious about what happened at yesterdays appointment.:o
 
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