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HILLSBOROUGH COUNTY MAN HAS DOMESTIC VIOLENCE INJUNCTION CHARGE DISMISSED

State v. P.N.
Judge: Raiden
Date: May, 2008

Facts: The Defendant was accused by his former-wife of violating a domestic violence injunction that she had placed against him by having documents dropped off to her by an unknown individual. The documents were alleged to have contained statements in them that were intended to intimidate the former-wife. Our investigation revealed that the documents the former-wife used to have the defendant prosecuted were legitimate court documents that were provided to her as discovery in another case. We argued that the court could not deny access to the courts pursuant to the U.S. Constitution and that the service of the alleged document was necessary to proceed with the other existing case.

Result: Case dismissed.

 

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