CIVIL ORDER PROTECTION (CPO) VIOLATION THROUGH HEARSAY EVIDENCE: CELL PHONE CALL LOG

The Court of Appeals in Holmon v. D.C., decided on February 28, 2019, determined whether a Civil Protection Order violation resulting in conviction based on hearsay evidence at trial should be reversed. First to establish the elements of a CPO violation, the government must prove beyond a reasonable doubt that defendant had engaged in: (1) Willful disobedience (2) Of a protective court order. It is not a willful violation if: Petitioner approached the respondent without his encouragement or consent, The contact was necessitated by an emergency, or There also existed some other compelling reason. Even in the enumerated exceptions listed above, if the contact is not terminated by the defendant, then such may still constitute sufficient bases for violation. Here, defendant Holman was charged with violating the CPO no contact order by making multiple call to the petitioner’s cell phone as well as showing up at her place of residence. The issue for the Court was whether the…

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