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Can I be arrested for being in a public place?

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.

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Attorney answers 5


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.


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 response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


Yes you can be arrested but that doesn't mean you are guilty.


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.

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Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at


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 constitute legal advice or the opinions of this attorney or affiliated law firm. Links that may appear on this site are intended solely for your convenience in identifying and accessing other sources of information.

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