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Your answer could change my life for the next 5 years.
Which prosecutors office would have jurisdiction over a Protective Order violation? Details:
The Protective Order is out of a Utah court. In the same court, where the Petitioner resides, criminal charges were filed against the Respondent for "violation of restraining order". However, the Respondent was in Arizona and allegedly placed a phone call to the Petitioner, resulting in the alleged violation. Shouldn't the prosecutor in AZ have jurisdiction in this matter? The complaint specifically states that the Respondent was physically within the jurisdiction of the UT court when the alleged "crime" occurred. That is simply false and the judge wants us to find "case law" that states that the Respondent should have been charged in an AZ court. Since Protective Orders are valid nationwide, that seems to be a plausible suggestion. Any ideas? Anything you can think of should help. Thank you.

2007-01-30 18:00:00 · 4 answers · asked by snowfreeze3 3 in Politics & Government Law Enforcement & Police

This is for a friend. ;)

2007-01-30 18:01:57 · update #1

4 answers

UT has Jurisdiction. Yeah, the "respondent" made the call from Arizona, but the court order was made in Utah and the "results" of the call were in Utah. Think of this analogy. Think of a telephone scam where the calls are made from an island in the Carribean where such a scam is sort of legal, but lots of money is taken from victims in a US State. Don't you think that the US State has some sort of right to prosecute the offenders who never set food in the US state. What about the situation where someone shoots a gun in one state and kills a person in another state. The death occurred in state two, but the shooting occurred in state one. Which state gets the jurisdiction? Most likely, both states do, but the murderer never set foot in state two.

The fact is that the "respondent" here intentionally caused something to occur which had consequences in Utah. Just because you aren't in Utah doesn't mean that you get away with the Utah results of a crime that you committed in another state.

But get your attorney to look into the matter. Perhaps he did already and he said there is no issue here.

2007-01-30 18:27:55 · answer #1 · answered by Erik B 3 · 0 1

The courts have are required by law to enforce protective orders whereever the violation occurs, when someone has a order of protection that is just it an order of protection which means no contact what so ever.No phone calls and no physical contact and no contact within a certain distant.

What is an Order of Protection?

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It is a legal document in which a Judge orders someone to follow specific conditions of behavior--that is, tells someone things that they must or must not do. Police can make immediate arrests if they have good reason to believe those conditions have been violated. The point of a Temporary Order of Protection is to maintain peace and provide protection until all the facts have been gathered and the case is heard in Court. After the Judge hears the case and decides that the defendant/respondent has committed an offense or endangered the person protected by the Order, a final order is issued. In New York, every Order has a specific expiration date. Under certain circumstances, Orders may be extended or renewed.


If you are the defendant/respondent: If you are the victim/petitioner:
The Court has the right to issue an order before all the facts have been heard for the purpose of helping to protect all the parties. The fact there is an Order doesn't necessarily mean you have been found guilty of anything. The fact you have an order means the Judge believes you are in potential or continuing danger. Courts only issue these Orders when there is a serious problem.
Following the Order is your responsibility and nobody else's! If you were present in Court when it was issued, or if you have been legally served with it, then it will be enforced. The Order remains in effect as written until it is changed or terminated by the Court. It cannot be changed by an agreement between you and the other person. You can't just decide that part of it "doesn't have to count anymore." If the Order says to "stay away," it won't make a difference to the police that you invited your partner in, or were willing to try to talk. All that will matter is what the Order says.
You are breaking the law if you don't follow the Judge's conditions. It's called Contempt of Court, and you can be fined and/or sent to jail for it. If your situation changes--if things get worse, or if you decide to try and reconcile with your partner--you can ask the court to change its Order. The Court can add new conditions, or remove ones that are in the current Order. However, you should remember that it's the Court's decision whether or not the Order should be changed.
You are the only person who can be charged with violating the Order. If it says you're to stay away from somewhere or somebody, then stay away! Even if that person has invited you in, even if you are convinced you have a good reason to contact that person--the police are going to enforce the Order the way it is written. The Order has to be served on the other person--or they have to know what it says because they were in Court when it was issued--before the police can enforce it.
Keep a copy of the Order with you. Make sure there's one on file with your local police. If your children are also covered by the Order, give a copy of the Order (and a picture of the other person) to your babysitter and to the school.
If there is a violation, call the police. Tell them exactly what happened. They will want you to sign a statement, and you may need to return to court to tell the Judge what happened.

2007-01-30 22:10:21 · answer #2 · answered by Denny O 4 · 0 1

1

2016-06-12 07:11:21 · answer #3 · answered by ? 3 · 0 0

Any protective order issued by any municipality, county, state or federal court has full faith and credit any where in the United States to include tribal territory, federal property to include military installations. Source listed below.

2007-01-31 00:09:50 · answer #4 · answered by Judge Dredd 5 · 1 0

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