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Stacy Adkins
Stacy Adkins, Lawyer
Category: Family Law
Satisfied Customers: 158
Experience:  Law Clerk for 7 years
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My wife had me served with an ExParti. It came to court

Customer Question

My wife had me served with an ExParti. It came to court infront of the Judge. He dismissed the ExParti against me. During the ExParti time, however, I sent my wife a text message. The prosecuting attorney filed charges against me for violation of the ExParti. Not only has the ExParti been dismissed in my favor, but my wife has also dismissed her and our divorce petition and we are now back to living together and our differences resolved. So ... what happens to the Prosecuting Attorneys case? NOTE: they filed the charges, my wife did not and she will defend where necessary and not go to court against me.
Submitted: 10 months ago.
Category: Family Law
Expert:  Stacy Adkins replied 10 months ago.

Hi, thanks for your question. I'm Stacy. Give me a second to review your question. I'll be happy to help you.

Customer: replied 10 months ago.
Expert:  Stacy Adkins replied 10 months ago.

Are you referring to a protective order when you say "ExParti"? If so, typically in these situations, the prosecutor will dismiss the charges. Without a cooperative witness, the state really does not have much of a case to present at trial to obtain a conviction.

Customer: replied 10 months ago.
an Order of Protection. What if they serve my wife with a subpeona to go to court and she fails to show?
Expert:  Stacy Adkins replied 10 months ago.

Did she provide them copies of the text messages initially to show that you violated the order? If so, they could try to proceed with that evidence, but I'm not sure if that alone without your wife's testimony would be enough. Typically, prosecuting attorney's offices are overworked and they simply will not fool with prosecuting a case where the victim has reunited with the the person with whom she had a protective order.

Expert:  Stacy Adkins replied 10 months ago.

I'm sorry I'm not available to take a live call at this time. If you would prefer, I can opt out and let another expert finish this for you.

Expert:  Stacy Adkins replied 10 months ago.

But to answer your question, your wife could be sanctioned if she fails to appear. However, in my experience in domestic situations, they do not push the issue.

Customer: replied 10 months ago.
they came and took pictures of the text on her cell phone.... but she is not going to court even if subpe
Expert:  Stacy Adkins replied 10 months ago.

She could possibly be presented with a warrant for failure to appear. However, I work in criminal court for a judge and see how cases move through the system on a daily basis. In my 7 years, I've never seen them prosecute a case for this type of situation when the victim has reunited with a significant other.

Customer: replied 10 months ago.
What is worst case of sanction? And likely given all cases dismissed and we are back living together?
Expert:  Stacy Adkins replied 10 months ago.

It doesn't mean that it doesn't happen, but it is very infrequent. The worst sanction is an arrest order being issued. But typically if a witness fails to appear on behalf of the state, they just dismiss the case.

Customer: replied 10 months ago.
Thank you very much for the info....
Expert:  Stacy Adkins replied 10 months ago.

Her best bet would be to call the prosecutor or victim's advocate (if your court has one) and explain you two have reunited and she is not interested in cooperating with the prosecution. They may be able to advise her over the phone what their intentions are before it goes further and leaves you both unsure about the future.

Please be sure to leave a positive rating if you've found my information helpful. I wish you both the best of luck in the future.

Expert:  Stacy Adkins replied 10 months ago.

Did you need any further information or clarification? If not, please take a moment to rate my answer. I am an independent contractor and this is the only way I get paid for assisting you. Just Answer does not compensate us without a rating. Thank you so much!

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