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Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14509
Experience:  13 years experience in criminal law, BA in criminal justice
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I accidently violated a protective order against my ex-girlfriend.

Customer Question

I accidently violated a protective order against my ex-girlfriend. Long story short, I accidently dialed her number while trying to reach a friend of mine. There was no actually contact and I immediately hung up the phone afterwards. I was still charged with violation of a protective order which is a felony in connecticut. Considering the severity of the violation (total accident and she is willing to testify to that) What is the likely hood of getting this expunged off my record after everything is said and done. I have no criminal history and am currently a graduate student trying to earn my phd.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legalease replied 1 year ago.

Hello there.

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Can I ask you how the police were notified of this telephone call in the first place (how were they made aware that you made the telephone call)?

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MARY

Customer: replied 1 year ago.

Well I believe she called them. However my mother who she works with (and is her boss) told me that she said, the police have a system in which both parties of the protective order are essentially put into a computer and if one calls the other the police are notified. I dont really believe that is the case and she may have just told that to my mother so she didnt come off as trying to put her bosses son behind bars. My mother and her have a good relationship and I honestly think she just overreacted and then felt bad when she saw my mom at work. she also told my mother that she was willing to basically tell the court that Im not a threat or a disturbance to her and that she doesnt want to see me get charged with a felony. We both just want to move on. Theres no bad blood anymore. Like I said it was an honest mistake and I dont want my entire future to be screwed up over it. In relation to alot of cases in my area ours is a 1 on a scale of 1 to 10. but i did violate the order which is a felony

Expert:  Legalease replied 1 year ago.

Hello again Civ --

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I apologize for the delay in responding -- I had to go offline for a little while and have just returned and am reviewing my responses now. If you can bear with me for another 20 minutes or so, I will be happy to complete the question with you and address any additional follow up questions and/or concerns.

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MARY

Expert:  Legalease replied 1 year ago.

Hello again Civ -

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I apologize for the long delay in responding to this question -- but for some reason the question did not get put back on the deck of my pending questions. We have been having some serious computer issues in the last few weeks. Again, I am sorry.

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Turning to your situation, thank you for your additional information. First, there is no such thing as independent police monitoring of telephone calls for everyone who is the subject of a protective order -- so it seems to me that your ex girlfriend is the one who must have made the report to the local police department regarding you making the telephone call to her. Now, under the circumstances, she CAN request that the charges be dropped against you and because it was just a telephone call -- but the ultimate decision whether to continue the prosecution without her full cooperation is in the hands of the prosecutor's office. Because of this you will be issued a court summons and you must appear at the arraignment -- at the arraignment is where you can explain to the prosecutor what happened here with the mistake that you made on the telephone number and the prosecutor will most likely either drop the charges or reduce the charges to a misdemeanor harassment case if your ex speaks with him/her and is clear in her desire not to testify in the case. Obviously I cannot guarantee what will happen here but in most non violent cases where the victim does not want to testify the prosecutor will not push the matter very far and this will be handled on the day of your arraignment.

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Please let me know if you have additional questions.

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MARY

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