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Category Archives: 75 Orders of Protection / Injunction Against Harassment Victories

NOT CHARGED | RESISTING ARREST/VIOLATION of INTERFERING with JUDICIAL PROCESS (IJP) NOT CHARGED – State v. Mr. J. (DMC No. 1619) (Phoenix Police Department DR0000-90398229): Mr. J. was the passenger for an individual who was being arrested for DUI.  When Mr. J. got out of the vehicle, he was ordered to get back in by a Police Sergeant.  He got in and out of the car three different times, then approached the police vehicle and attempted to open the door.  As he was being grabbed and told he was under arrest, the officer claimed he resisted.  Although he was arrested for “Interfering with Judicial Process” and “Resisting Arrest”, we were able to prevent the charges from being filed.

 

DISMISSED – Injunction Against Harassment, State v. Mr. H. (DMC No. 7148) (Mesa Municipal Court No. 2007004030): Mr. H. had been accused by his granddaughter of various crimes. She took out an Order of Protection / Injunction Against Harassment against him. He was accused of violating that Order by calling and leaving a message stating, “Hi, this is Gramps, give me a call.” We were able to show that there was no accurate time on the answering machine recording which would indicate whether it had occurred before or after the Injunction was served. On the date of trial, all charges were dismissed.

(Pinal County Superior Court No. CV200601737): Mr. M. was in a dispute with his neighbor. Mr. M. was facing criminal charges for discharging a firearm in his backyard. The neighbor then filed an Injunction Against Harassment, and we were able to get that Injunction dismissed. This was important because had it not been dismissed, Mr. M. would have been at risk to have his neighbor call the police at any time he wished, thereby causing Mr. M. to go to jail.

State vs. Ms. S. (DMC No. 9986) (Glendale City Court No. CR2011-010233): Ms. S. was arguing with her husband of 20 years, when he shut the bedroom door.  When she attempted to get inside of the bedroom, Mr. S. opened the door rapidly and two collided with each other and fell to the floor.  Two older children became upset and entered the room.  At that time Ms. S. called police and they arrived to take statements.  Because Ms. S. was a United States citizen from Lybia, she had an accent and her English was broken.  The police decided to arrest her and charge her with disorderly conduct.  We were able to convince the prosecutor that this was not a true Disorderly Conduct but merely an accident and the argument got somewhat out of hand.  The Order of Protection obtained by her husband was Dismissed by the Judge.

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