Prosecution Request for No Contact Order Rejected by Judge after Alleged Victim Objects

By Angie Madrid 

RIVERSIDE, CA— Despite the prosecution’s request to enforce a no contact order for Adam Christopher Ince, Judge Emily Benjamini of Riverside County Superior Court Wednesday—after listening to the alleged victim’s desire—subsequently did not issue the order the district attorney wanted. 

Ince appeared in court Wednesday for his arraignment where he pleaded not guilty to allegedly inflicting corporal injury on his spouse or partner. 

After Defense Attorney Jessica Jimenez submitted Ince’s not guilty plea, Deputy District Attorney Antonio Fimbres requested a no contact order to be issued.

Jimenez quickly objected to the no contact order as the defendant and the alleged victim are engaged and have been living with each other for the past five years. 

She added, “This was an isolated incident where it is reported that (the victim) did not want (him) prosecuted. She did not want a protective order of any kind. She was just asking for assistance in getting her cellphone back so she could leave the house. They had a verbal argument. It is very isolated.” 

Jimenez emphasized how the alleged victim and defendant are financially dependent on one another. Due to these factors, Jimenez asked for the court to consider a no negative contact order—a less severe order that permits peaceful contact with the victim. 

Considering the request, Benjamini asked whether the victim was present and whether the defendant had any prior criminal history.

DDA Fimbres explained that the victim was not present in court, but the defendant had a prior DUI in 2013, asserting, “This was more than a verbal argument…the deputy came upon the situation where the defendant was dragging the victim by her hair.” 

Benjamini continued her line of questioning, asking for the specific injuries the victim endured. DDA Fimbres, explained, “She had a laceration on her chin, an abrasion on her knee, and broken skin on her scalp.” 

While deliberating, the judge continued to question whether there had been other cases of domestic violence from the defendant. DDA Fimbres explained there had been reports of other verbal altercations in the past, but never a physical altercation. 

Defense Attorney Jimenez interjected, requesting that the district attorney’s office contact the victim and ask for her decision on the no contact order. 

Judge Benjamini agreed, stating, “With some input from her, I would be inclined to consider a no negative contact order.” 

The case was placed on second call as DDA Fimbres proceeded to make contact with the victim.  

After reaching the victim through the phone, DDA Fimbres reiterated the victim’s statement, “We spoke to the victim. Her position is that she doesn’t want any order at all.” 

After hearing the victim’s position on the matter, Judge Benjamini finalized her decision. She decided to issue a no negative (peaceful) contact order and set defendant Ince’s pre-trial hearing for Sept. 28. 

About The Author

Angie Madrid is a fourth year at UCLA, pursuing a degree in Political Science with a minor in Public Affairs. She is from Los Angeles, CA and would like to pursue law in the future.

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