VIOLATION of ORDER of PROTECTION DISMISSED – State v. Mr. J (DMC No. 11899) (Mesa City Court No. 2013-002170): Mr. J was a professional baseball player who pitched for the Red Sox organization. He had been going through a divorce with his wife and was served an Order of Protection. That Order of Protection included allegations of violence to his wife, children and the family pet. The order issued by the Judge stated “Defendant shall have no contact with protected persons [wife and children] except through Attorneys, Legal Process, Court Hearings and as follows: Mail/ Writing”.
Ten months later, Mr. J showed up at his house with a trailer in order to pick up personal items. Mr. J had just driven in from California (where he was now living). This pick up had previously been arranged through his divorce attorney and his wife’s divorce attorney. In addition, his wife’s divorce attorney approved contact through text messaging in order to facilitate the pickup. When Mr. J arrived, his wife called Police and he was arrested for a Violation of the Order of Protection per Arizona Revised Statute ARS 13-3602.
I was contacted by his divorce attorney and by his sports agent. I arrived at the Mesa City Jail in time for the morning docket on the weekend calendar. Mr. J was then released on his Own Recognizance. Subsequently, I received the police report and began to assemble documents in order to have the case dismissed. After meeting with the Prosecutor with all documents, she declined to dismiss charges and the case was set to Trial. At the time of Trial, the State moved to dismiss all charges.