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If a restraining order is broken and the police don't arrest the person that broke it can you sue the police?
Wiki User
∙ 13y ago
I'm afraid it doesn't quite work that way. The police don't have any problem arresting anyone in general, but they won't arrest if the DA tells them - or if they know already - that there won't be a prosecution.
The District Attorney is thus the one to talk to. Or, the one to sue. However, the odds of doing so successfully are millions to one.
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A second opinion.
The police have no obligation to protect any particular person. A police has almost zero duty to act or liability for failing to act.
Generally speaking, the only time an officer MUST arrest is if he is in possession of a valid arrest warrant that commands him to take a person in to custody. Even if he chooses to not make an arrest with a warrant, the charge would properly be a contempt of court for disobeying an order from a judge.
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Yet another view: In the jurisdictions that I am familiar with, Restraining Orders are issued by the Civil Branch of the court.
POLICE departments are constrained from enforcing CIVIL LAW. Unless, a breach of the peace is occurring, or they have cause to believe that a criminal act (i.e.: assault) has occurred, they can take no action. They CANNOT enforce by arrest a civil court order simply because of the presence on the scene of the restrained person.
EXCEPTION: On the other hand, since, constitutionally, the SHERIFF'S Office can enforce both civil and criminal court orders, this would NOT be the case with a Sheriffs Department. A Sheriff's Deputy COULD conceivably make an arrest for a violation of the civil court restraining order.
Wiki User
∙ 13y ago
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What to do if served with a restraining order?
Stay away from the person you're supposed to stay away from or the police will arrest you and put you in jail.
What case you we can file for the police he arrest a person without warrant?
Police do not necessarily need a warrant to arrest someone. Basically an arrest means that they have strong reason to believe that someone has broken the law. A warrant allows them to arrest the person on sight even if they are doing nothing wrong at the time. If you feel like the arrest is unjust your best option is to get an attorney.
What laws allow the police to arrest someone?
All laws are meant to be followed and abided by, therefore if a law is broken by someone the Police have the power to arrest you for doing so; as the Job of the Police is to do exactly that; (uphold the laws of the country being Policed). In conclusion the answer to the question is that any law, if broken allows the police to lawfully arrest.
How do you contact person who owes me money has restraining order?
talk to the police
Why would state police call about a arrest?
because some law has been broken.
If a Police officer in NY stops someone that has a Felony warrant can that officer arrest him on that warrant?
Yes, of course. An arrest warrant is a command from a judge to arrest a person. Usually a police officer has no choice and must arrest.
What is a sentence for restraining?
The police officer used handcuffs to restrain the suspect.
How do you get a person to stop following you?
If they don't listen to you asking them to stop you can get a restraining order by talking to the police.
Can you get a restraining order to stop a person from saying lies about you to your boyfriends kids?
probably not a restraining order, but maybe the police could talk to them and tell them to knock it off
When is a person under arrest?
A person is "under arrest" when a police officer charges them with a crime and chooses to take them to the police station to be processed for it. For example, if someone commits a crime, they are technically under arrest when a police officer witnesses the crime or has a warrant for the arrest and tells the criminal "You are under arrest." Typical procedure after this is to put handcuffs on the criminal and read them their Miranda rights (you have the right to remain silent etc). Handcuffs alone do not mean arrest, but i'm pretty sure its illegal for a police officer to handcuff someone without grounds to arrest them. As a side note, the person doing the arrest does not have to be a sworn in police officer. In Citizen's arrest cases, anyone with arresting powers like a bounty hunter can also place someone under arrest.
Are the police right to arrest someone who has drugs?
It sounds like you're asking an opinion question. In my opinion, yes. If a person is caught with illegal drugs, yes, a police officer should arrest the person.
What is a de facto arrest?
A de facto arrest occurs when a person is not officially arrested or detained by law enforcement, but the circumstances and actions taken by authorities make it clear that the individual is not free to leave. This can happen when a person is detained without being formally arrested, such as during a stop and frisk or when being held for questioning.
