Legal Question in Civil Rights Law in California
I'm inside a store at the mall and I see my abuser walk in. She continues to shop around inside the store even though she sees me but doesn't interact with me. I will certainly walk out of the store on the grounds that she makes me feel uncomfortable but if I call the police, will they still arrest her even though she ignored me the whole time while inside the store? I do have a temporary restraining order against her for following me inside my home and attacking me in the hallway. What's the best thing to do? What if she is at a store and I walk in and happen to see her there? Will this order still apply? And what will happen to the both of us if I do decide to call the police? Do we have to show up in court?
1 Answer from Attorneys
The best thing to do is to walk away ASAP. You do not state where the Order requires her to be a certain distance away or not, nor whether you are wondering what might happen in the future or did the incident already occur. If it is accidental that you are both within the forbidden area, the police will not do anything as it has to be an intentional violation of the protective order? If either party violates the order the police will arrest the violator, but by the time the police get there she will probably be gone.