2003 - Baker vs. State (Unreported) - State May Prosecute Violation of Protective Order When Petitioner Invited Violation

Baker vs. State of Maryland, CSA No. 966, September Term 2002.  Unreported.  Filed August 27, 2003.

In a criminal contempt proceeding for violation of a protective order, the State cannot be estopped from enforcing an ex parte order by the conduct of the petitioner who encouraged the respondent to violate the order by re-entering the residence.  The doctrine of equitable estoppel is inapplicable in protective order cases.

The petitioner's prior consent to contact is not a valid defense to the violation of a protective order.

Feedback

We welcome your comments and suggestions