Elderly Man Arrested for Violating a Protection Order (2023)


This video was provided to me by the Jonesboro Police Department, and as such, any redactions were done by the Jonesboro Police Department. I however did shorten the clips, and place them together.

The report from Officer Evan W Henry reads:

"On 05/03/2022 at approximately 1400 hours, I was traveling South Bound on Flint Street when I observed the listed vehicle traveling directly in front of me, I noticed that the vehicle made a left turn onto Nettleton Avenue from the incorrect lane and failed to use a turn signal. At this time I conducted a traffic stop on the vehicle and we came to a stop at the intersection of South Madison Street and West Nettleton Avenue, I approached the driver side window where I made contact with the driver, as well as Arrestee #1 (Scales, W C) in the front passenger seat, and Victim #1 (Masked) in the back seat.

I gathered all occupants IDs and returned to my vehicle, upon running Arrestee #1 (Scales, W C) through ATLAS I discovered that Arrestee #1 (Scales, W C) was the subject of a protection order in which Victim #1 (Masked) was the protected party. At this time I made contact with Victim #1 (Masked) and asked her about the protection order, Victim #1 (Masked) stated that they had spoken with an attorney about having the order removed, but that they haven't gone to court yet. Upon confirming the protection order, Arrestee #1 (Scales, W C) was taken into custody and transported to the Craighead County Detention Center where he was cited for the Violation of a Protection Order on citation number 1A0A0031150 and assigned a court date of 5/16/2022 at 0900 hours. I had nothing further with this incident."

Update: On 5/11/2022 this case entered a Guilty Plea for infringing upon Jonesboro Statue Code 5-53-134(b)(1), which is the Violation of a Protection Order.

In the State of Arkansas, this crime upon first offense is a Class A Misdemeanor, and carries a punishment of NO more than (1) year in County Jail, and a fine NOT larger than (1,000) dollars.

This crime upon second offense is a Class D Felony, and carries a punishment of NO more than (6) years in a State Penitentiary, and a fine NOT to exceed (10,000) dollars.

Visit "WomensLaw.org" and review Title 9 (Family Law), Subtitle 2 (Domestic Relations), Chapter 15 (Domestic Abuse), Subchapter 2 (Judicial Proceedings), Code 9-15-207 (Protection Order - Enforcement - Penalties - Criminal Jurisdiction) for more information on the laws related to this case.


Oh deal did you have your id on? You got you in the back you got your id.

Bud, oh man, you mind.

If I open this bag doors and talk to her we're, good, okay, what was your first name in one? Second I'll, get you right out of here? Okay, hey.

Sir you mind.

If I get you pulled to the next street, turn right that way we get out of this traffic.

Good time, tim for you run that billy joe, uh, crump, that's.

The next one I have she's in the vehicle with it.

Can you hear? Ms, crump step out here for me, oh, miss.

Crunk, let's, get out.

Oh, you can put those on if you want to whatever you want to do all right.

So here I've got an issue.

You've got a protection order against wc, um we're going.

We've talked to an attorney we're trying to still it shows it's still in place.


So right now he's in violation of protection, please don't.

Help them.

Do it? Please don't.

Well, if that's the case I have to take him for being a foundation, that's just how it works.

That's how you know that's, how that's how we keep the protection orders serious there's, no there's.

No second chance, there's, no next time.

It's, you violated if you're going to jail.

Okay, so I just wanted to talk to you and see what's going on with that we're we're, trying to get taken care of in the courtroom we're.

All in a relationship we're married, oh, you're, married we're, married.

My sister is she's a schoolteacher and um anyway, she's up in, um, ashford, she's, counting she's actually coming down tomorrow.

I spoke with one yesterday, but she's coming down, um, she's more.

So you haven't done real quick, oh, no, you're.


So I was talking to miss crump.


So y'all, you know, y'all got to order protection in place against she's the protective party.

Right? We did.

I just want to miss trump.

If this protection order is valid, y'all haven't gone to court to get it squashed.

I've got to take you to jail for violation of protection.

I don't, I don't have a choice on it.


And we don't.

We don't get.

We don't get a choice on that because protection orders are taken seriously, okay, because some people need it.

And so we don't give any second chances or anything like that when we come across violation protection, you've got to go to jail, right because it's it's, a judge order judge ordered you to stay away from it.

You don't know, me, yeah, I remember you from over there on huntington, yeah, you're, [, __, ], sitting.

I remember you from on huntington, but here's.

The thing is, you know, at that time you weren't with her, no today, you're, riding in the car with her.

Obviously y'all are having some communication, though, oh, no, I get taken out of my panty.

What are we doing? Well, I understand but y'all are in communication with each other right now, that's, not what we can go up and foul.

Well, I understand that y'all are trying to get it taken care of.

But until that point you still cannot contact her that that's the point of the protection order because she's protected against you under that.


And a judge has said, you're, not allowed to have any contact with her.

And so we have to enforce that does that make sense? Well, I understand you said, just give me a break.

Let me tell you I can't.

I can't honor you.

I can't give you a break on every protection order, it's, nothing like that it's, nothing that like it's my choice.

I don't have a choice on it.

Okay, but what they're doing right now is checking to make sure that the protection order is valid and then we'll go from there.

Okay, you have any questions right now.

No, I, you know, I don't, I don't know, I don't know, can we go back to my house where I can get my? I need my medication.

Well, we'll talk about that in a minute.

Let me let me figure out the protective order.

And all that stuff I'm gonna go sit back down.

You can I know you got bad.

Go ahead.

You can sit back down in the car.

Okay, real quick.

I don't know if this is something you all want to handle altogether front seat.

Passenger has order protection against the backseat passenger he's going to go to jail.

Oh, yeah, the older guys named wc he's, a real nice guy.

But like I said, he's a violation of his order.

This is his so did you get all that? Yeah, it's a little protection.

Yeah, he is she's the protected person against me.

I'm gonna get them all out cause the drivers on probation search the man.

Okay, hi.

Mr, o'neal.

Can you hop out here for me and come stand back and ruin? My truck? Can you come out here for me? Puppy, dog, sweet, good.

What are your probation? Puppy? Okay, baby, um, facilitate this judgment.

Okay, puppy, it's.

Okay, here's.

His wallet.

Thank you.

Now I'm just gonna search your pockets.

Yeah, well, he's got that order protection that he can't.

He can't be around him.

I'm, fine.


No you're.



Do you have any questions? No? Do you have any questions? Okay? Did I give you your id back? I didn't, uh, let's.

Do this.

I didn't know you didn't have me.

Okay? Well, you guys are good to go like.

I said, the reason for the stop was the turn.

Okay, you were in the straight line.

Okay, make sure you use your trousers.

I get it.

I get a little distracted, it's, fine, um.

But anyway, he's gonna go to jail for that order protection.

So I said, do whatever he said, your home.

Yeah, I understand well, I said, you followed the order of somebody, yeah, right? So they'll, they'll, take care of him out there.

They got a nurse and all that good stuff.

Good day.

Um, um.

So you were served you served that that order of protection you were served it.

You served the conditions of it.

We have a copy of it.

Okay that you signed off on it.

I remember about a year ago, yeah, so that hasn't been satisfied yet.

So therefore, a judge says that if you're in if you're in if you're in the same same contact with miss crump that uh, he wants you to be brought before him.

You have to go in front of the judge now.


So we're gonna have to facilitate that.

So you can go in front of the judge now.

So we're gonna go, hey, go ahead.

Have you stand up for me? He's gonna take you back to the car he's gonna search you and we'll just get you back in the car and get you in front of the judge.

And so you can show up in court and have this lifted, but you have to go in front of the judge to do this at this point.

Okay, you can keep no, but you can get phone numbers out of it it's just up to you.

You can give it to them, but huh, no.

I have your wallet right here.

You want to keep your phone.

You want to get at the house.

They lost everything.

You want to give it to her.

Let me keep it all right? Yes, sir hold up, put your hands up there.

Okay, that's.


Hold on I'll.

Do it? I can do it? You got to do that.

Yeah, yeah.

Yeah, I'll.

Keep that just put your hands.

Right here? Okay, yeah.


Just you can just relax, put your hands there, a little warm I'm going to put this change back kind of move it off the hood that engine's high charges are horrible I'm going to put this change back in your pocket.

Okay, all right there.

All right? Mr, cw.

Man, moving in behind your back forward, you cross them out, yeah, I know, but I gotta do it I'll, make sure it's not tight on you.


She should have came in one car, and I should have been in the other way, and we didn't do it right? So now we gotta go to court and okay, I'll have I have all your stuff with us.

Okay, all right? Yes, sir.

I got your wallet I'll, make sure you get it.

Thank you.

No problem.

I'll, get your stuff in the bag for you.

Okay, oh, huh.

Oh want anything to change.

Um, you wait right here for a second.

Yeah, all right.

We're gonna go over.

I here take my gun off, you don't like it.

I don't want guns in here.

You can come in here.

Oh, okay.


I already did it.

I left it in the car that they'll take me a couple of miles.

Yeah, just go right here and then sit down to the left.

Yeah, that's, right.

Thank you.

Oh that's.


Okay, you.


What happens if the victim violates the order of protection NY? ›

If a Family Court order of protection is violated, the respondent can be arrested by the police and charged with Criminal Contempt as either a misdemeanor or felony. A conviction can lead to jail or even time in a New York State prison.

What is the punishment for violating a protective order in Indiana? ›

In Indiana, according to Indiana Code 35-46-1-15.1 violating a protective order involving a domestic or family violence case is a Class A misdemeanor. If the courts find you guilty, you could face up to a year in county jail and/or a fine of up to $5,000, in addition to probation.

Are orders of protection public record in NY? ›

An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.

How long does an order of protection last in NY? ›

A temporary order of protection will last at least until the next court date. From there it can be extended until the matter is resolved. A Family Court order of protection can last up to two years. Under aggravating circumstances, a family court order may last up to 5 years.

How do I get an order of protection dismissed in NY? ›

If the person that requested the Order of Protection wants to change or drop it, she or he should speak to the Assistant DA, if it is a misdemeanor or felony case. In other cases, the person can come to City Court and ask the Judge.

What is the sentence for criminal contempt in the second degree in NY? ›

What Are the Penalties for Violating NY Penal Law § 215.50? Criminal Contempt in the Second Degree is a class A misdemeanor. In New York, class A misdemeanors are punishable by a maximum jail sentence of one year or up to three years of probation. The court may also assess a fine of up to $1,000.

What happens when a victim violates a no contact order in Indiana? ›

The Court ultimately held that the Indiana legislature made it clear that protected persons might invite the perpetrator back into their lives. However, it is the perpetrator who must not allow the no contact or protective order to be violated, and a victim should not be criminally charged for aiding a violation.

What happens if the victim violates a no contact order in Indiana? ›

Violation of a No Contact Order is categorized as an invasion of privacy, which is a Class A Misdemeanor. However, if one has a prior unrelated conviction under that same statute, the penalty will be a Level 6 felony.

How long do you go to jail for invasion of privacy in Indiana? ›

In Indiana, a conviction of invasion of privacy or property is a Class A misdemeanor and can result in up to one year in prison and up to a $5,000 fine.

What is the difference between a restraining order and an order of protection in New York? ›

A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.

What is the full order of protection in NY? ›

Full Order of Protection: A full order of protection means that the subject of the order of protection must stay completely away from you, your home, job and school, and must not abuse, harass, or threaten you.

What is a NY State order of protection notification? ›

The NY Order of Protection Notification System notifies a victim when an Order of Protection has been served, providing the information they need to take appropriate precautions for themselves and their loved ones.

How do I contest an order of protection in NY? ›

In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order.

Can you appeal an order of protection in NY? ›

Once a Family Court judge has considered the filed objection, and issued a decision and order, at that point an appeal can be filed.

How much is an order of protection in NYC? ›

There is no fee for this service. Orders of Protection must be served at least 24 hours before the court date. The Offices of the NYC Sheriff are open Monday through Friday, from 8:30 AM to 4:30 PM. You can make your request by mail or in person at the NYC Sheriff's Office in the borough where the Order will be served.

What is one reason prosecutors may decide to dismiss cases? ›

If the judge does not believe there was strong enough evidence, he could dismiss the case. Lost evidence. If key evidence is lost that is necessary to prove you committed the crime, the charges against you could be dismissed by the judge or voluntarily by the prosecutor.

Can you appeal a temporary restraining order in New York? ›

If the judge in a municipal or justice court issued a temporary order against you, you may be able to appeal to the chancery court. The chancery court would hold a new trial (“trial de novo”) within ten days.

What is an order of protection against a roommate in NYC? ›

But in the case of a roommate assault, the District Attorney may request a protective order. Such an order would remain in place for the length of the case and forbid contact between the two people. This would require the defendant to move out of the house and may even impact their workplace or school situations.

What is the longest time you can be in jail for contempt of court? ›

In a punitive situation, the court can order up to 180 days in jail upon a finding of contempt. The amount of time is up to the judge and there are judges out there who will not hesitate to impose a jail sentence. In a remedial situation, the court can also order jail time in a remedial fashion.

How long can you go to jail for contempt of court in USA? ›

The maximum penalty for criminal contempt under the 1981 Act is committal to prison for two years. Disorderly, contemptuous or insolent behaviour toward the judge or magistrates while holding the court, tending to interrupt the due course of a trial or other judicial proceeding, may be prosecuted as "direct" contempt.

How long do you go to jail for criminal contempt in NY? ›

Penalties and Punishment

Second Degree Criminal Contempt is a class “A” misdemeanor punishable by up to one year in jail, two to three years probation, a conditional discharge, community service, and/or fines and surcharges. While it is not a felony, a conviction is permanent.

How do I fight a protective order in Indiana? ›

To fight a false restraining order and false accusations of stalking, harassment, or domestic abuse, you must appear in court. Your lawyer will file your appearance and prepare you for the hearing, which may be unpleasant.

Are protective orders public record in Indiana? ›

The Indiana Protective Order Registry is publicly searchable, making your protective order records available to anyone with access to the Internet. Similarly, the docket showing activity in criminal case files is accessible by searching Mycase Indiana. In other words, these files are open for public access.

What is the difference between a no contact order and a protective order in Indiana? ›

No contact orders are issued by the court as a product of criminal proceedings, whereas an Indiana restraining order (legally referred to as a protection order) is an injunction issued by a civil court, at the request of the petitioner (victim).

Can you be around someone with a no contact order? ›

A no contact order is a signed order by a judge that prevents a person from being in physical or verbal contact with another person. They tend to be temporary and set for a specific amount of time. This means a person may not contact the other person via face-to-face or over the phone or internet.

How long do most no contact orders last? ›

Temporary no-contact orders usually last up to thirty days, or until the court can hold a hearing to decide on a permanent duration. Other no-contact orders usually last up to one year, with the option for extending it as circumstances warrant.

Can you drop a no contact order in Indiana? ›

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court.

How much is an invasion of privacy worth? ›

If convicted of violating the privacy of another, he may be sentenced to jail for a year. If a plaintiff wins, the defendant may be forced to pay up to $250,000 and make changes to his security policies and settings. The court will look at the nature of the invasion and how it affects the victim.

What is unreasonable invasion of privacy? ›

Invasion of privacy is a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his/her private affairs, discloses his/her private information, publicizes him/her in a false light, or appropriates his/her name for personal gain.

What classifies violation of invasion of privacy? ›

Invasion of privacy involves the infringement upon an individual's protected right to privacy through a variety of intrusive or unwanted actions. Such invasions of privacy can range from physical encroachments onto private property to the wrongful disclosure of confidential information or images.

Is verbal abuse a crime in NY? ›

Is Verbal Abuse a Crime in NY? Verbal abuse in New York is illegal. Along with verbal abuse, up-skirt photos, following, groping, hate crimes, indecent exposure are also illegal.

How long does temporary restraining order last in New York? ›

In New York, a temporary order of protection can be renewed for as long as the case lasts. If warranted, the judge has the option to replace it with a permanent order of protection once the case concludes. The order typically remains in effect for a year. In some circumstances, it can last up to five years.

What is a full order of protection in Missouri? ›

A full order of protection prohibits the person who it is issued against from further acts, attempts or threats of abuse, stalking, or sexual assault. The petition may request additional relief such as maintenance, child custody, child support and/or visitation.

How do I get around an Order of Protection? ›

Overview. If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.

What is a no contact order in NY? ›

It is a judicial order which prohibits the defendant from contacting the alleged victim in any way, whether that is physical contact by going anywhere that the defendant might know that the alleged victim might be or any sort of electronic communications like a phone call, text message, e-mail, or social media.

What is an order of protection family offense proceeding New York ex parte? ›

Orders of protection on a Family Offense petition are typically issued when the filing party first goes to court, without the person against whom the order is being issued present. This is referred to as an "ex parte" application or petition for an order of protection and is routinely done with an attorney.

How do I remove a protective order in CT? ›

The surest way to get a protective order dropped is to beat the criminal domestic violence charges it is based on. If the prosecutor drops the charges (by entering a nolle), or they are dismissed after a not-guilty verdict, then the protective order will end along with your criminal case.

How do I dissolve a protective order in VA? ›

Virginia Code § 19.2-152.10(G) allows either party to a protection order to file a written motion with the court to dissolve (or modify) the protection order. Although the statute allows either party to file a written motion, the court will only make a decision after listening to evidence.

Is NYC Family Court open for child support? ›

Information for Non-Custodial Parents

The Office of Child Support Services offers non-custodial parents programs to help manage their child support case. Open Monday-Friday 8 a.m. - 7 p.m. Available 24 hours / 7 days a week.

How do I get rid of order of protection in NYC? ›

Obtain a form from your local court.

If the prosecutor agrees to file a motion on your behalf, the prosecutor will either fill out a court form or draft a motion on their own. Court forms can be found online or at the courthouse.

How do I get a copy of my order of protection in NYC? ›

You can also request a copy of your Criminal Court Order of Protection by contacting WASU at 212-335-9040. WASU is located at 100 Centre Street, room 231.

What is a refrain from order in NY? ›

A refrain from Order of Protection orders the offender to refrain from committing any family offense such as assault, stalking, harassment, menacing, reckless endangerment, strangulation, disorderly conduct, criminal mischief, sexual abuse, intimidation, etc.

What is criminal contempt in New York State? ›

Under New York Penal Code § 215.51, you will have committed the crime of criminal contempt in the first degree if you refuse to cooperate with a grand jury or if you violate an Order of Protection.

How do I get around an order of protection? ›

Overview. If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.

What is considered harassment in NY? ›

The general definition of harassment is any action taken by one person with the express purpose to annoy or alarm another person.

When police don t have enough evidence? ›

What Happens If Police Don't Have Enough Evidence? Even if police don't have hard evidence of your guilt, you may still be placed under arrest if certain circumstances are present. Police must follow legal procedures during the arrest process, as well as during other stages of attempting to put a suspect in jail.

What is insufficient evidence in a criminal case? ›

In a criminal case, a court will find insufficient evidence if the prosecutor cannot meet its burden of proof. Prior to trial, a defendant could move to dismiss the charges based on insufficient evidence.

What is a weak case? ›

2. A lack of evidence. A prosecutor's case is likely weak if it does not have enough evidence to show that you violated a criminal law.

What are two examples of refrain? ›

A phrase or line repeated at intervals within a poem, especially at the end of a stanza. See the refrain “jump back, honey, jump back” in Paul Lawrence Dunbar's “A Negro Love Song” or “return and return again” in James Laughlin's “O Best of All Nights, Return and Return Again.” Browse poems with a refrain.

What is a final refrain? ›

Many refrains appear as a repeating line or phrase at the end of each verse or chorus. Often, the lyrics of a refrain are a central motif to the song's theme that's sung as a catchy hook. You'll commonly hear a refrain at the end of a song, where it is used as a final repeating lyric that sums up the song's message.

How long do you go to jail for contempt of court in NY? ›

Jail time of up to six months can be required for civil contempt of court. Criminal contempt of court can result in up to 30 days in jail, or three months if an order of protection is the order that has been violated.

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