Legal Question in Criminal Law in Alabama
Father arrested for showing up to court
My father had been told by the police
not to return to a locality as he had
slapped my bother and he was
reported to the police. My brother
proceeded to file a restraining order
and my father was ordered to
present to court and he did. He was
immediately arrested since he came
back to the locality. This seems to
be a catch 22, how can he be
ordered to appear to the family law
court or be found in contempt, yet
stil be arrested for showing up?
2 Answers from Attorneys
Re: Father arrested for showing up to court
your facts do not sound complete. It is a catch 22 as explained, but that is not the way the law works, he does need an attorney if that is his and your understanding.
Re: Father arrested for showing up to court
Dear Lawguru Friend,
Looks like your father is just another victim of the Louisianiraq Police State. The police either did or did not have probable cause to arrest him for what they arrested him for. Probably, initially, they took the position that they either did or did not have probable cause to arrest him for simple battery and let him leave town with a warning not to come back (illegal from what you say); and then when he did return for whatever reason, good or bad, they then made the decision to arrest him for simple battery based on what they knew from the time he was there following his slapping (simple battery) of your brother. Now that you father is under the Restraining Order, he should read it closely and not violate. However, he can return to the town he was "forbidden" by the cops to return to, so long as he does not violate that restraining order; and should the cops arrest him again for simply returning, then he has a good lawsuit for damages for illegal arrest and/or violation of his Civil Rights. Cops have a lot of so-called "police powers", but not unlimited power; even in Louisianiraq.
Sincerely,
Hardy Parkerson, Atty.
Lake Charles
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