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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney
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I have a CPO against my ex and his new girlfriend. They are

Customer Question

I have a CPO against my ex and his new girlfriend. They are supposed to stay 100ft away from my person. They walked into a store that I was in (which was smaller than 100ft) a few days ago. They saw me but didn't say anything but stayed in the store. From my understanding they were supposed to leave as soon as they saw me. I called the police the report the violation and the officer that came told me it was NOT a violation because it was common area. I called my lawyer and he said it was indeed a violation. My questions are: was the officer supposed to decide if it was a violation or not? I thought that was the job of the prosecutor. If he was in the wrong, what do I do now about the violation that wasn't dealt with by the police? Should I call them again and ask them to do a report? Or should I just forget about it and go ahead and file for contempt of court(which I'm doing either way)?
Submitted: 2 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is ***** ***** I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
I am not permitted to tell what to do in their specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.
I can however, provide you with a general answer, if you have a legal question for me?
Thank you.
Customer: replied 2 years ago.
I mostly just wanted to know if police can make that decision as to whether or not it was a violation.
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.
Absolutely. Police does have discretion to determine whether a crime / violation of a CPO took place and whether to make an arrest based on their preliminary investigation / report, however, the police does have to document any reported violation and then the issue can be brought up to the prosecutor's office and/or court which issued the CPO and they will review the details of the alleged violation and will make a decision whether to press charges.
I wish you the best of luck!
Expert:  Alex J. Esq. replied 2 years ago.
Do you have any related follow up questions?