Is this a violation?

[Lauram78]

What is the name of your state?

I am sorry for my many questions but I was at the gym this evening FIRST and my ex and this girl arrived and stayed even after he saw me. I have Temporary order of protection unti the hearing. He did not leave and I was under the impression he has to stay away from me at all times... I called the police and they said he is NOT supposed to be there. When the police arrived they said it is a public place and he is a member at the gym and did not violate the order even after I told them he intimidates me and really does gives me the creeps. Is this a violation? Should he have been arrested? Thank you.

 

[SP103]

What is the name of your state?

I am sorry for my many questions but I was at the gym this evening FIRST and my ex and this girl arrived and stayed even after he saw me. I have Temporary order of protection unti the hearing. He did not leave and I was under the impression he has to stay away from me at all times... I called the police and they said he is NOT supposed to be there. When the police arrived they said it is a public place and he is a member at the gym and did not violate the order even after I told them he intimidates me and really does gives me the creeps. Is this a violation? Should he have been arrested? Thank you.

Notify the DA or ADA working your case of this violation. It is his responsibility, not yours, to leave the area you are located in regardless whether it is a public or private. PS: If you can, go to a new gym as well!

Even a request for a friend on Myspace is considered Illegal contact which violates a no contact order in the State of NY,
http://www.law.com/jsp/article.jsp?id=1202904867035

 

[Lauram78]

Notify the DA or ADA working your case of this violation. It is his responsibility, not yours, to leave the area you are located in regardless whether it is a public or private. PS: If you can, go to a new gym as well!

Even a request for a friend on Myspace is considered Illegal contact which violates a no contact order in the State of NY,
http://www.law.com/jsp/article.jsp?id=1202904867035

That is exactly what I thought but it appears that I am wrong. The defendant and this other person were gawking at me and laughing, which I feel, is a way of trying to intimidate me. The police stated I should followup with the DA, as well but they also mentioned he is allowed to be in a public place even if I am there. Then what is the point of having a Order of Protection?

 

[Ohiogal]

It depends on the wording of your order.

 

[Lauram78]

I spoke with the DA, there is nothing she can do, since the assault didnt occur at the gym, he is allowed to be there. Time to find a new gym!