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I'm victim of a criminal case. The case is at the stage

I'm victim of a criminal...
I'm victim of a criminal case. The case is at the stage waiting for preliminary hearing. I have the criminal protective order. The defendant is restricted for 300 yards away from me. We both belong to a social musical organization. Is he allowed to be there when I'm there?
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Answered in 6 minutes by:
8/3/2016
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
Experience: Attorney at Law Offices of Khaled Issa
Verified

Good afternoon again:

I would be happy to provide general information regarding this question. The answer, generally speaking, is no, this person is not allowed to be there.

Regarding "shared" spaces or locations as they relate to protective orders, the individual subject to the order must refrain from being in any space where the victim is located. This also means that the person must stay away from any location that the two individuals share (for instance, a home, school or recreational organization) when the victim is at that location (unless otherwise specified in the protective order).

The only way a person subject to the protective order can lawfully be present at the shared location when the victim is also there is by having a court grant him or approve it beforehand.

So, unless the defendant gets a judge's permission beforehand, they cannot knowingly and intentionally be present at a social organization (at least within 300 yards).

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Customer reply replied 1 year ago
He's the string player there, I was a member in that club. The chairman of the club does not allow me to be a member and does not allow me to go there because if I'm there he has to leave so they chose to restrict me being there. I feel very much discriminated and my rights being impacted. But not sure what the right way under law. Are my rights protected in that way?

It appears that this musical club is a private entity. That means they can prohibit anyone (as long as it is not based on race, religion, nationality, those with disabilities, etc) from the club.

There are not many "rights" when it comes to private entities (as opposed to public entities). That means the chairman can exclude you from the club to keep the defendant in it.

Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
Experience: Attorney at Law Offices of Khaled Issa
Verified
Legal-Kal and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 1 year ago
ok. Thanks.

Thank you for the rating!

If you received a message stating I "opted out," please disregard that as that was in error.

Thanks again!

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