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Rhode Island "No Contact Order"

(Click here to view the original thread on the MassCops Message Board)

Posted by: Gil

Ran into an interesting motion to dismiss today.

Here is the sceniro....

Girl "A" gets a temporary restraining order (out of state "RI") on 05/05/04 Boy "A" is served the order, the order is good pending a hearing to extend or vacate the order. Boy "A" violates the order in Mass. (cuffed and carted away) on 05/15/04

In the interim for one reason or another Girl "A" gets a lifetime out of state RO (this was the hearing to extend or vacate), but the out of state court (Rhode Island) vacates the original temporary RO "RETRO ACTIVE" to the date that it was issued. And issues the lifetime order on 05/20/04.

The attorney's argument was due to the fact that the RO was vacated "RETRO ACTIVE" it never existed and therefor his client could not have violated it.

The attorney had some five dollar Latin word for the meaning of RETRO ACTIVE but I can't remember what it was.

Just wondering if our fellow brothers or sisters in the ocean state could enlighten us on this one. The case was continued pending the DA trying to figure this mess out.


Posted by: Curious EMT

Im sorry, whats an RO?

Posted Tue June 29, 2004 12:47 am:

Quote:
Originally Posted by Curious EMT @ Tue June 29, 2004 12:35 am
Im sorry, whats an RO?
answered my own question.
Restraining Order.. im such a dork, i would have recognized 209A before that. Matter of fact, i was having a conversation with a friend and I was alking about LTC's and restrictions, and said "Yea, i thinkg if yu have any felony background, pending charges, or a 209A against you you're out of luck".
"WWWHHHAAATTT" he said


Posted by: Gil

Quote:
Originally Posted by Curious EMT @ 6/29/2004 12:35:42 AM
Im sorry, whats an RO?

Posted Tue June 29, 2004 12:47 am:

Quote:
Originally Posted by Curious EMT @ Tue June 29, 2004 12:35 am
Im sorry, whats an RO?
answered my own question.
Restraining Order.. im such a dork, i would have recognized 209A before that. Matter of fact, i was having a conversation with a friend and I was alking about LTC's and restrictions, and said "Yea, i thinkg if yu have any felony background, pending charges, or a 209A against you you're out of luck".
"WWWHHHAAATTT" he said
You lost me




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