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New Ipswich man appeals protective-order violation case

By Dean Shalhoup - Senior Staff Writer | Oct 24, 2018

Staff photo by Dean Shalhoup Nicholas Diak listens to testimony Tuesday in his trial appealing his Milford district court conviction on a charge of violating a protective order. The jury's verdict is expected Wednesday morning.

NASHUA – New Ipswich resident Nicholas Diak, who appealed to Superior Court his district court conviction on a charge that accuses him of violating a protective order, insists he did everything he’s supposed to do when he realized he was in the same place as the woman who sought the order against him.

“Three words: ‘What?’ ‘I’m leaving,'” attorney Jeannie Leider, who is representing Diak with attorney Shea Sennett, said at the outset of her opening statement in Tuesday’s trial in Hilllsborough County Superior Court-South.

Leider referred to the words her client uttered in what she called an “involuntary reflex” triggered “the instant he saw (the protected party) at the gym. Then he left,” she added.

It appeared likely at the beginning of the trial that Diak, of 108 Mason Road, would hear the jury’s verdict before court adjourned for the day.

But after deliberating until 30 minutes past normal court closing time, jurors notified Judge Charles Temple they would need to reconvene this morning to complete their deliberations.

The trial stems from Diak’s arrest on Jan. 24 on the misdemeanor charge of violation of a protective order, which the alleged victim applied for, and was granted, roughly a week earlier.

The order prohibits Diak from contacting the woman by any means, and requires him to stay at least 300 feet away from her.

The defense doesn’t dispute that Diak came within 300 feet of the woman on the morning of Jan. 24, when they both happened to be at a Milford gym at the same time.

At issue is whether Diak “knowingly” violated the order, as the prosecution claims, or if he reacted in accordance with the provisions of the order by leaving the building immediately after encountering the woman, as is the defense’s position.

“When (police) served (Diak) with the order, they made it perfectly clear that he was to have no contact” with the woman, Milford Police Prosecutor Karinne Brobst told the jury in her opening statement.

“She saw the defendant; he approached her; she called 911,” Brobst said, referring to the woman. “He said he was leaving, but no matter what he said, he had no right to be within 300 feet of her.”

Jurors are scheduled to resume deliberations at 9 a.m. today.

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