Winebrenner v. State

Although he acknowledged being in the presence of Heather, Winebrenner did not, as stated by the majority, “[acknowledge] to Officer Keger that he was violating the protective order.” Slip op. at 6. To the contrary, Winebrenner stated that Heather was simply in the vehicle driven by Ms. Chester when it arrived to assist Wine-brenner. There is no reasonable inference that the contact between Winebrenner and Heather was such as to constitute abuse, harassment, or disturbing of Heather’s peace.

One may speculate that under the circumstances, Heather was a willing participant in the contact with…