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Should I effect a citizen's arrest for restraining order violation?

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foodini

Junior Member
What is the name of your state? California

I've been going over California Codes 834-847(a) - those that deal with a non-peace officer arrest to determine if I can effect an arrest if someone violates the restraining order that my wife filed (and properly served) earlier today. Trouble is - we keep seeing this person at a nearby park and fully expect, based upon her past behavior, that she will violate the order.

If she does come within the restricted distance, is a citizens arrest appropriate? Am I open to litigation if I take that route? This woman has used violence against my wife - while our baby was present - before and I want to be prepared for the worst case. At the same time, I don't want to give this woman any legal ammunition.

thanks...
 


A

absconder

Guest
Call the police. Why put your self at risk? Have your wife carry a cell at all times. Say you do try to arrest this lady and in the scuffle grab her in the wrong place where would you be? Not good buddy!!
 
S

seniorjudge

Guest
foodini said:
What is the name of your state? California

I've been going over California Codes 834-847(a) - those that deal with a non-peace officer arrest to determine if I can effect an arrest if someone violates the restraining order that my wife filed (and properly served) earlier today. Trouble is - we keep seeing this person at a nearby park and fully expect, based upon her past behavior, that she will violate the order.

If she does come within the restricted distance, is a citizens arrest appropriate? Am I open to litigation if I take that route? This woman has used violence against my wife - while our baby was present - before and I want to be prepared for the worst case. At the same time, I don't want to give this woman any legal ammunition.

thanks...

Generally speaking, a citizen may only make an arrest when he sees a felony being committed in his presence.

Your answer: call the cops.
 

CdwJava

Senior Member
In CA a citizen's arrest can be made for:

837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.


Even a traffic infraction is considered a "public offense" ... and, yes, I HAVE had someone do that.

- Carl
 

CdwJava

Senior Member
foodini said:
I've been going over California Codes 834-847(a) - those that deal with a non-peace officer arrest to determine if I can effect an arrest if someone violates the restraining order that my wife filed (and properly served) earlier today. Trouble is - we keep seeing this person at a nearby park and fully expect, based upon her past behavior, that she will violate the order.
Filing the order is only half the battle. Until it has been formally served upon the restrained party, she cannot violate it.


If she does come within the restricted distance, is a citizens arrest appropriate? Am I open to litigation if I take that route?
Can you make a citizen's arrest? Yes. Can you be subject to litigation? Yes.

If you use any amount of force to effect the arrest, you MIGHT find yourself charged or sued for excessive or unlawful use of force.

Your best bet is to call the police and report the violation. The police can have you sign a citizen's arrest when they arrive if the suspect is no longer in technical violation of the order but still in the area.

As has been suggested, a cell phone and a call to the police are your best bets.

- Carl
 

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