I was charged and just convicted of violating a Plenary Order of Protection. The charging instrument stated that I violated it by coming within 500 feet of the residence of the Alleged victim. The Plenary Order stated as follows; (Stated in exact language) 1. Respondent is prohibited from threatening to commit or committing stalking personally or through a third party. 2. That the Respondent may not contact the Petitioner in any way, directly, indirectly or through third parties, including, but not limited to, phone, written notes, mail, email, or fax. 3. That the Respondent be ordered to stay 500 feet away from the Petitioner and/or other protected persons. That Respondent be prohibited from entering or remaining at the Petitioner's and/or other protected person; Place of Residence ____________________ Place of Employment __________________ The Second Proposition that the jury had to decide to find me guilty was: That the That the stalking no contact order directed the defendant to stay at least 500 feet away from (Address of the residence of the alleged victim) The alleged victim said I drove past her house...busy street....description was of a car is that of one not owned by me...Didn't call 911 for three days after the alleged incident. No testimony as to any waving or anything of the nature when this person drove by. When the Jury sent a message to judge inquiring if Paragraph 3 of the Plenary Order stipulated that I had to stay away 500 feet from the residence...He just sent a message back to the jury that it was up to them to decide. I believe that to be a question of Law and not that of Fact...which required the Judge to make a ruling. Am I correct???? And doesn't the Plenary Order have to be specific. I feel that it is not even ambiguious ....and even if it was, mens rae would attach... I believe it to be specific.
From everything that I have read and with the fact the the jury themselves inquired of the judge....questioning him if the Plenary Order stipulated the issue of 500 yards from the residence..(Quote..word for word) "Does it specify that the Respondent must stay at least 500 feet from the residence"........clearly shows that even if I had drove past the residence, (which I didn't) mens rae would clearly be applicable.
Yes, I would like to have one of your experts to verify what I have been reading and if they agree, should I file a Motion for Judgment Not or a different Post Judgment proceeding for relief?
Wendy, I will just wait for a response from your experts.
I will wait!!!
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Sorry that you could not find an expert to answer this question because I think any criminal attorney could have at least give their opinion.
Just return my good faith money.
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