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Client Not Guilty of Alleged PFA / ICC Violation

by | Jul 18, 2011 | Criminal Law |

Last week, I (Attorney Ryan W. McAllister) represented a client charged with violating a Protection from Abuse (PFA) Order in Berks County. My client allegedly sent text messages to the PFA Plaintiff and “stalked” her outside of her house in the early morning hours. My client adamantly denied that he violated the PFA, so I got to work gathering as much evidence as possible in the case. 

First, I got the most recent copy of the PFA, which was from the Summer of 2010. This was important because this was actually an “amended PFA”. Specifically, the PFA Plaintiff, the alleged “victim” in this case, actually went in to court, on her own accord, and asked the Judge to make the PFA less restrictive than it was. My client and the PFA Plaintiff did not have any kids together, so it was apparent that the PFA Plaintiff simply wanted to continue having a relationship with my client.

Second, with the assistance of my client, I was able to get data on text messages that showed the PFA Plaintiff, the alleged “victim”, was contacting my client via text message many more times than my client was contacting her 充气水滑梯!

Third, my client had an alibi defense in regards to the allegation of stalking. I was ready to present two (2) witnesses at the PFA hearing to demonstrate to the Judge that accusations of the PFA Plaintiff were entirely baseless.

When the alleged “victim” found out about the vigorous defense that was planned for the case, she quickly decided to drop any and all charges. By the time the case was over, even the police officers involved considered the allegations in the case “suspect”. Although I did pursue the potential for a “false report” criminal prosecution, those cases can be extremely difficult to prove. Nevertheless, I’m sure the PFA Plaintiff will think twice before trying to bring my client up on bogus charges in the future.

My client and his family were very happy about the outcome of the case. If you or someone you know is facing a court hearing in regards to a Protection from Abuse, PFA, Indirect Criminal Court, or ICC case, contact my office today at 610-372-5128. I would be happy to offer a free consultation to discuss the case in more detail.



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