Q: Constitutionality of No-contact Order barring Pro Se access to Superior Courthouse? Hypothetical situation/timeline.
-Dist.Court signs a no-contact Order restraining "R"espondent from entering "P"etitioner's workplace.
-P. works as a custodian at the Superior Courthouse where P.vs.R.'s Divorcew/child matter is heard.
-Both P.&R. are ProSe litigants.
-P. files an action to modify custody
-R. files Responsive material w/the Clerk as directed in the summons sent by P.
-Clerk tells P. that R. was at the courthouse,
-P. notifies LE,
-R. defends against cust.mod successfully
-months pass
-R recieves subpoena, chrgd w/multiple felony counts of viol-NCO. (each for reg ProSe business w/the Clerk, RE:same "P.vs.R." famlaw case), ironically heard in SupCourt.
-2mo later P. has new job. New position in the CountyProsecutor's Office.
-R. maintains innocence
-case lags >1yr
-R.turns down offer to lower charges to GrosMsdmnrs in District Court .
-Prosecutor files the GrosMsdmnrs charges (identical) in DC anyway, doesn't drop Felony charges in SC
-R. now defending against 5charges.
IsLegal?
A:
Publicly posting information about your case--such as a confession or description of action--can be used against you in Court. No one should post this level of detail online.
As with all protective orders, the terms of the order must be strictly followed. There were other options such as hiring an attorney, legal messenger or even mailing documents to the Courthouse.
Anyone who gets hit with a protective order should immediately hire an attorney because you have been accused of seriously bad behavior and if you take a wrong step you can end up charged with felonies. This means a loss of rights such as freedom, voting, second amendment, and right to be with your children.
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