Joined
·
6,401 Posts
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. :?:
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. :?: