arrested for violating a civil protection order that didnt exist

[Flat24]

State KY

I was arrested lat week and jailed for violating a Civil protection order that had expired 3 years ago. when I asked the cop if he had a copy of the order he said no, I told him that I did and that it expired in 2006. he didnt care and loaded me in the car. the another cop got in the car a drove me off to jail. I asked him if he had a copy and he said no I told him the same thing. it expired in 2006 and i had a copy he could look at. he didnt care. the next morning I was taken to a pre trial. the judge was going to OR me so I asked here if she had a copy and she said no, I told her the same this and she said it expired in 2010, I explained that I had a copy of the original order and that it had long expired. she didnt care and ordered me to leave the county (Franklin) and not come back untill my hearing

my question how can I be arrested for violating something that doesnt exist?

should I be looking at a civil suit?

 

[Zigner]

Maybe the copy of the "order" isn't the one you were arrested on?

 

[Flat24]

yes it was that copy it was out of ohio

Th CPO was out of Ohio that is what the cop and the judge said so I went down to Cincinnati clerk of court and they dont have a copy because it had expired. So****************************..

 

[HighwayMan]

What led to your encounter with the police?

Something led them to believe the order was valid. Usually when we get a hit on an order of protection we verify it with the originating agency prior to arrest, but not always.

You need to find out what it was they looked at that told them the order was out there.

 

[CdwJava]

The state will have to show that you violated the order to gain a conviction at trial. If the order has truly expired and no new order exists, then the DA will probably not file because there will be no order to present at trial.

What lead to this contact with the police? If the order WERE still valid, would you have been in violation of it?

 

[Ozark_Sophist]

Is it possible the violation occured three years ago?