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Can you charge a plantiff for a restraining order violation? I had a case where I was serving an arrest warrant (with back-up of course) for a man at an apartment complex. The woman answers the door and says that the man would not be in the apartment because she has a restraining order against him. Well, the guy was found hiding inside a closet in the apartment. Can the woman be charged for the violation by letting him inside the apartment voluntarily??? :roll:
 

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NO!

It's the defendant's obligation to keep away from the plaintive. Even if the plaintive agrees to see the defendant the defendant is legally violating the order. The defendant should make sure the plaintive has the RO lifted before he or she rekindles the relationship or shame on the defendant. The plaintive has no obligation in the RO unless of course it is a RO against the plaintive making he or she a defendant.
 

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When serving a 209A order I always attempt to tell the defendant of this. This way he/she is not surprised (or faking surprise) down the road later.
 

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Zombie Hunter
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*Sigh* Ain't love grand......
 

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justcardio said:
Can you charge a plantiff for a restraining order violation?
I would say the defendant is in violation of the 209A and then advise the Plaintiff you will be filling out an incident report along with the arrest report to the courthouse to void/vacate the order.
 

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So the Defendant was hiding in the apartment?
The Plaintif lied to the police, while trying to conceal the defendant?

Harboring, concealing, lying, false pretenses..........too bad it wasn't a felony eh?
:wink:
 

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justcardio, if this is the first time you have encountered this sort of situation, get used to it. Happens all the time in my town. If the order is still valid, the defendant gets hauled away.

There's also those sweethearts who pretend they want to make amends, and when they think the defendant is just about to their residence, they dial 911 and rat out the defendant. Ah, revenge... :roll:

-Mike
 

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Document it! It may or may not work but there are a few JUDGES out here who flip out on the plaintiff when they find this out. I have seen one judge berate a woman in Court for pulling this type stunt. I wish I could remember the specifics but something sticks in my mind that any further orders requested by her would be severely questioned or denied beyond an emergency order or something like that - I know the Judge (a female) slapped her but good! Its taken nearly a decade but some judges may be finally tiring on how some play the courts....
 

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Judge Sullivan at Charlestown district court flips out at cases like this. In fact I saw the judge refuse to give a RO to a female who requested one because she could not articulate why she thought her ex was a threat to her "Denied"! I was like wow! I was glad to see he did not hand out ROs like popcorn.
 
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