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?


Asked on 2/17/07, 12:32 pm

2 Answers from Attorneys

Mari Morrison Mari Morrison

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.

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Answered on 2/18/07, 12:31 pm
Hardy Parkerson Retired Attorney; now Law Professor

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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Answered on 2/17/07, 5:27 pm


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