Legal Question in Criminal Law in California

Can a person physically intimidate a person to try and instigate a fight and not get arrested? This person also practices Martial Arts. I was the person elbowed twice from behind and felt intimidated by this individual considering he studies martial arts. He does not like me as I've been dating his ex wife for over three years now, he's very bitter. I'm just tired of his intimidation tactics. This was all caught on video camera by the bar. Not sure if the police would arrest him or not as I was told I wasn't injured, but instead we left the bar and pub because of him and did not want him to create more of an issue as he was drinking. Please advise. I'm in Northern California. I do not feel comfortable going out and having to think of this person getting away with this type of behavior constantly.


Asked on 1/10/12, 2:25 pm

3 Answers from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

Not a criminal law question either. go to the police.

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Answered on 1/10/12, 2:32 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

If he elbowed you in the back, that is a battery. I don't know what the police will do but you can swear out a warrant. If he is intimidating you, you can get a civil restraining order. I don't know if the bar keeps the video. You ought to check and get a copy of he tape as soon as possible, before it is destroyed.

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Answered on 1/10/12, 3:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Shapiro that you were battered. But the contact was so minor that I doubt the man will be arrested or prosecuted.

If he has a pattern of such behavior toward you, you may be able to get a restraining order against him. That's probably something you should discuss with your girlfriend first, though, especially if you and she live together -- and even more if the two of them have children.

Good luck.

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Answered on 1/10/12, 4:04 pm


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