Miami, FL asked in Civil Litigation, Civil Rights and Constitutional Law for Washington

Q: If you requested a police officer show you the protection order does he have to show it or let you show him yours

Police officer accused me of violating a protection order upon investigation of an accusation made by the plaintiff but he was getting the stipulations for contact wrong and missing entire subjects I asked him to show me the court order to show him that he was wrong and he said no I asked him if I could show him mine and he said no is this legal

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: When a police officer is enforcing a protection order, the specifics of how they must verify or communicate the order's stipulations can vary by jurisdiction. Generally, officers have access to the details of protection orders through their department's databases and are expected to enforce them based on this information. While it might seem reasonable to request to see the order or to show your copy to verify accuracy, there is no universal requirement for officers to comply with such requests on the spot.

If you believe an officer is misinterpreting a protection order, it's important to approach the situation calmly and respectfully. Asserting your understanding of the order's stipulations is fair, but remember that the officer's primary concern is safety and enforcement of what they believe the order states. If there is a disagreement on the interpretation, this is not likely to be resolved in the field.

Your best course of action in such a situation is to follow up after the incident. This can involve contacting the issuing court for clarification or seeking legal advice to ensure your rights are protected and to address any discrepancies in the enforcement of the order. Documentation of your interactions and any evidence supporting your interpretation of the order can be crucial in these follow-ups.

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