Police Authority in making a ''no contact'' request
Harrassment charges were brought and an arrest made based on the following Criminal Complaint: Alleged victim verbally requested to the defendant to stop contacting him. Since the date of that request, according to the police officer's affidavit, the defendant ''has been told by this officer twice not to contact'' the alleged victim. Is such a request by a police officer legally binding on the defendant? No PFA or other court order/injunction was ever issued or initiated, nor was the defendant advised that the officer's request would render further contact subject to prosecution. The alleged ''further contact'' cited in the complaint is described as ''driven by the victim's residence six times and called the residence twice'', during a period of at least six weeks.
Re: Police Authority in making a ''no contact'' request
The answer depends on how small a town in which you live.
Eventually, this could wind up before a judge if the complainant makes enough noise. In a real big city i don't think a cop would ever show up for this type of case, but in a small town, i think if the cop has nothing better to do, he/she may show up.
The actual warning by the cop is worthless, but if the complainant shows up to court and you fight them the judge may look to an outside source to help him/her make their decision. A cop would be a good source for this.
So while the cops words to you may be nonsense, if there was ever a hearing, and if the judge was leaning towards finding for you, the testimony of the cop could sway the judge to the other side. I would try to be-friend the cop.
In a big city none of this would ever happen, but in a real small town, you never know.
Good Luck. Brian
Re: Police Authority in making a ''no contact'' request
The answer depends on how small a town in which you live.
Eventually, this could wind up before a judge if the complainant makes enough noise. In a real big city i don't think a cop would ever show up for this type of case, but in a small town, i think if the cop has nothing better to do, he/she may show up.
The actual warning by the cop is worthless, but if the complainant shows up to court and you fight them the judge may look to an outside source to help him/her make their decision. A cop would be a good source for this.
So while the cops words to you may be nonsense, if there was ever a hearing, and if the judge was leaning towards finding for you, the testimony of the cop could sway the judge to the other side. I would try to be-friend the cop.
In a big city none of this would ever happen, but in a real small town, you never know.
Good Luck. Brian
