Leggio v. Leggio

OPINION OF THE COURT

W. Dennis Duggan, J.

In this case, there are two issues of law which must be determined. First, can a person willfully violate an order of protection by the concerted conduct of others acting on his behalf. Second, can a mistake-of-fact defense against the element of willfulness be based on a subjective, as opposed to objective, belief. Neither question has specific written precedent in this state. The court finds that accessorial conduct can support a finding of a violation of an order of protection and, under the facts of this case, a willful violation, and that a…