Court of Appeals of the District of Columbia
809 A.2d 1178 (D.C. 2002)
In December 1999, Lashance Howard was granted a civil-protection order against her ex-boyfriend, Alassane Ba (defendant). The order prohibited Ba from being within 100 feet of Howard. Despite the order, Howard and Ba lived together consensually from January to March 2000, as they were attempting to reconcile. However, Howard testified that, in March, her relationship with Ba ended permanently and Ba knew the relationship was over. Subsequently, in May 2000, Howard saw Ba parked outside of her house in the middle of the night and called the police. The police arrived to check on Howard. When the police left, Ba immediately exited his car and moved to within six feet of Howard. At that point, the police returned and arrested Ba for violating the restraining order. At trial, Ba defended himself on the ground that Howard had consented to his presence within 100 feet of her. The trial court convicted Ba of violating the civil-protection order. Ba appealed.
Rule of Law
Holding and Reasoning (Reid, J.)
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