Legal Question in Criminal Law in California

My neighbor has a restraining order against me, I was walking to the mailbox, he started calling me racial slures, I picked up the flag of us from my pocket and spit on it, he then threw a stone at me, the detective cited him for assault but then she said I am violating the restraining order too for spitting on the flag knowing it upsets him, she said she submitted the charges to the DA , would that be accepted by the DA to charge me for violating the restraining order? the restraining order does not prohibit me from spitting on the flag .


Asked on 9/20/18, 11:00 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If she does file charges that are accepted by the court, then you should hire an attorney to represent and defend you with whatever evidence and facts are available. If you can't find other experienced local counsel to your liking, feel free to contact me to discuss the case and costs. In the future you would be prudent to maintain civility, and avoid contact and confrontation with her or others. While strong 'racial slurs' can be argued to be 'fighting words', so to a large majority of this county is 'spitting on the flag'. Both can, and usually are intended to, cause confrontation and escalation of aggression. Violence and criminal charges generally aren't far off.

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Answered on 10/11/18, 11:47 am


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