I reside in Nevada and my Ex Lives in Massachusetts where she has a protective order against me.
She had her new husband text message me from her phone (a # ***** didn't recognize) and start up a convo and then I called him and talked to him at his request for about an hour. He admits exactly that in the affidavit he gave the police and now I have been charged with violating the order.
According to Caplan V Donovan Mass SJC*****doesn't have personal jurisdiction over me with this civil order that has a criminal penalty and even if I did call her (which no one is saying I did) . Is that correct?
"The SJC held that while the District Court lacked personal jurisdiction over the defendant, it is not required for the Court to issue an abuse prevention order as long as there is notice and an opportunity to be heard."
Then Also "The court noted that if the telephone calls from the defendant to the plaintiff contained threatening
or harassing statements, this could give rise to personal jurisdiction over a nonresident. In this case, the record did not reveal the content of the phone calls."
Plus "...the conditions that place affirmative obligations on the defendant [within massachustts that would otherwise be grounds for a criminal violation] (i.e., that portion of the order that requires the defendant to surrender his firearms and to compensate the plaintiff monetarily) are invalid without personal jurisdiction over the defendant."
So although this is a civil court decision it's going to apply to my civil order that resulted in a criminal violation - when my voice entered the state?