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Ba v. United States

Court of Appeals of the District of Columbia

809 A.2d 1178 (D.C. 2002)

Relevant factsFree

Howard obtained a civil-protection order against her ex-boyfriend Ba (defendant), barring him from coming within 100 feet of her. Despite the order, Howard and Ba lived together consensually from January to March 2000 while attempting to reconcile, but Howard testified their relationship ended permanently in March and Ba knew it. In May 2000, Howard saw Ba parked outside her house at night and called police; after they left, Ba approached within six feet of her, and police returning to check on her arrested him for violating the order. At trial, Ba argued Howard had consented to his presence, but the trial court convicted him, and he appealed.

IssueFree

Whether a party who requested a restraining order may revoke consent to violate the order.

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