Criminal Defense Attorney

Violation of Restraining Order – Clerk’s Hearing – No Complaint Issued

EJ, a 36-year-old landscaper, has been involved in a lengthy and contentious split from his wife. She has accused him of abusing her, physically and emotionally. Months ago, the wife obtained a restraining order against EJ. There is also an ongoing criminal case in the District Court, whereby EJ is charged with several domestic violence offenses. 

Despite the open case and active restraining order, EJ’s wife calls and texts him frequently. She requests money, childcare, and other support. This, of course, creates a problem for EJ. By law EJ is prohibited from speaking with his wife, even if she initiates contact. But, that’s so unfair! Yes, it is. It also gives his wife all the leverage. To that end, one day she was angry with EJ and she called the police to say that EJ had violated the restraining order by calling her. What she did not mention was that she had called him six times beforehand.

At the clerk’s hearing Henry presented the magistrate with evidence of the wife’s previous phone calls. He also explained that the wife ignores/enforces the directive of the restraining order depending on what suits her in the moment. The Magistrate dismissed the application and declined to issue a complaint