Can I be arrested for being in a public place?

Asked over 2 years ago - Minneapolis, MN

I was at a public place with a person who has a restraining order on me. I did not know this because it was a mall and she called the police. I did not even know she was there as I did not even see her. Can I be arrested for being in a public place even though I was no where near her and did not know she was there? The mall cameras would prove that.

Attorney answers (5)

  1. Kaarin Steen Nelson

    Contributor Level 9


    Lawyers agree

    Answered . You can be arrested because the person who has a restraining order out against you called the police and told them you had violated the order. The police typically arrest someone when they're told that person violated a restraining order. The more pressing issue is whether you will be charged. If you are charged, the prosecutor will have to prove that you knew you were violating the order. It will be up to your lawyer to argue you did not know you were violating the order and your case should, therefore, be dismissed.

  2. Max Allen Keller


    Contributor Level 15


    Lawyers agree

    Answered . Yes you can be arrested but that doesn't mean you are guilty.
  3. Jonathan Neal Portner


    Contributor Level 14


    Lawyers agree

    Answered . You can be arrested for violating a restraining order while in a public place. If you did not know she was there you have a valid defense to the charge. Retain an experienced criminal defense attorney and i think under these facts you will be fine.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This... more
  4. Maury Devereau Beaulier

    Contributor Level 20


    Lawyers agree

    Answered . To be convicted the State must prove you had the intent to commit the offense charged. That would be very difficult. It does not, however, prevent law enforcement from making an arrest when the complainant provides a basis to believe the law may have been violated.

    For a FREE consultation call 612.240.8005.

    Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement... more
  5. Adam William Klotz

    Contributor Level 12


    Lawyer agrees

    Answered . Contact a criminal defense attorney. Many such attorneys, like myself, offer free consultations.

    Best of Luck --

    Adam W. Klotz
    Free Consultations- 612.223.6767 ext. 3

    The materials appearing on this website are provided for informational use only, and are in no way intended to... more

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Arrest for criminal charges

Arrest is when a law enforcement officer takes you into custody, typically to jail. Officers must have a warrant or probable cause in order to arrest you.

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