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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 24937
Experience:  10+ years defending Misdemeanor and Felony cases.
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Myself and an ex girlfriend live on the same street. I often

Customer Question

myself and an ex girlfriend live on the same street. I often drive past her house to get to mine, she lives closer to the intersection I often use to go to the main part of town. She filed an emergency OOP against me, which includes a 200' stay away portion. Is driving on the public roadway, which would be less than 200' without attempting to contact, stop harass, look, make contact, etc, past her home to get to mine a violation of this order? Any case law to support? This is an Illinois case
Submitted: 7 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 months ago.

Good afternoon. No, it would not likely not be an issue. The reason why I say this is because if you are using public roadways to travel and need to pass by her home, there would be a justification for passing by. As you shared, you are not doing this to see her, harass, look etc but as a result of needing to go from point A to B. Of course, when you appear for the hearing on the order, you want to address this with the Judge, so it is on record that you live on the same street and would be reasonable that you have to pass by the home. I am inclined to believe the Judge at that time would advise you are not to stop or do anything to cause concern or to contact her,.

Customer: replied 7 months ago.
The judge did grant permission to pass by. However before the hearing, one cop said no problem but another arrested me for the violation because she saw me with someone else in my vehicle drive by. Their opinion was there are other ways out of the neighborhood. I just always go the direct route to where I'm headed. My atty is not sure it's a defense constantly citing the 200' order. I'm hoping for some history to help my case when it's up for hearing.
Customer: replied 7 months ago.
I doubt the judges exception after the fact will help the criminal case, is there anything else that could?
Expert:  CrimDefense replied 7 months ago.

I am sorry for the delay. If there is case law, your attorney would need to search, since it is outside the scope of the site and costly. The goal, is to show that the route you go is the most direct and quickest and that there should be some leeway and understand if she were to report seeing your car drive by, which is odd since she would have to be actively looking since you were driving by so quickly. There would need to be a willful and knowing violation and if you could use map quest or another service to show the route and time and how much quicker it was, to justify your route, it could be a defense

Customer: replied 7 months ago.
Do they need to prove intent, or is it simply did I go within 200 feet? And I'd say yes my friend thought they saw her sitting in her garage phone in hand watching us drive by. I put my blinders on to avoid any stray chance of contact... I didn't think the police say I got go out of ur way a couple miles to avoid was fair, neither did the oop judge obviously.
Expert:  CrimDefense replied 7 months ago.

They would need to show intent. I say this because lets say you were at location A and she showed up, by coincidence, she then could not just simply call the police and have you arrested, when you would.could be given a chance to leave.

Expert:  CrimDefense replied 7 months ago.

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