My client violated a temporary restraining order between by contacting a common friend and asking if she and her ex-boyfriend could resolve their case without spending more on attorneys. It was in the evening after the hearing, but before a new order had been served on her. Eventually, the client had a restraining order issued against her and even had the Court order her to pay her ex-boyfriend’s legal fees (Note: I did not represent her then).
Despite this, the District Attorney’s Office still filed charges against her. Talk about adding insult to injury. Worse yet, she is a green card holder and any conviction may prevent her from becoming a citizen (very likely in post-Trump world).
I calmed her down and reminded her that no jury would want to convict her for such an innocuous message. There were no threats nor insults and she had not contacted her ex since their case began. I communicated with the deputy district attorney, but they insisted on prosecuting.
Sometimes the only weapon you have on the defense is to call their bluff. I asked for a trial date and objected when they wish to continue it. I filed a thirteen page motion in limine and flatly told the district attorney that I don’t think they will prevail. I pointed out for the first time that they had a notice issue because the new order was issued after my client texted the common friend.
Armed and ready for trial, I returned the next day. Instead, they dismissed the case. They blinked. My client was overjoyed. She could seek a new job and no longer worry about whether a potential conviction will force her to leave.
Note: This is not a guarantee that I will be able to convince the District Attorney to dismiss charges against you. Success in any case is relative to strength and weaknesses inherent in this case.