Criminal Violation of Restraining Order for Serving Court Papers

The Falmouth, Massachusetts Police Department has committed this week's "Outrage of the Week". They have issued an application for a criminal complaint for violation of a restraining order against Dwight Doane, of Belmont, Massachusetts for the crime of....(drum roll please) serving a "certified envelope with court documents" to his ex.

The restraining order form specifically permits the service of court papers by mail or by sheriff, and it is absolutely not a violation to do so right on the face of the order.

If the criminal complaint is issued, this man now faces several court appearances. If he is convicted, he could get up to two and one half years in jail and a five thousand dollar fine, for serving lawful court papers as permitted by the restraining order.

At best, he will have to take a day to go down to the court many miles from his home, wait around to be called for a hearing, and try to explain to the magistrate the breathtakingly obvious point that it is not a violation to send papers. The police officers and management who did this will not suffer any accountibility whatsoever. Only Mr. Doane will pay for the wrongdoing by the police.

A police department which would blatantly violate the law this way suggests that dangerous, pathological persons work there as police officers, and that even more dangerous persons are in leadership positions, since they have set the policy.

Who will police the police?