CdwJava
Senior Member
If she does not want to talk to the police, then she should not even show up. If she does, and she becomes recalcitrant and the ex decides he's getting ticked at her flippant response, the likelihood of her going to jail increases.
In CA the fair import of the law is (generally) paramount.
4. The rule of the common law, that penal statutes are to be
strictly construed, has no application to this Code. All its
provisions are to be construed according to the fair import of their
terms, with a view to effect its objects and to promote justice.
strictly construed, has no application to this Code. All its
provisions are to be construed according to the fair import of their
terms, with a view to effect its objects and to promote justice.
In the situation as described, I can see the officers retreating quickly mumbling, "Why did they send us to this mess?" Then advising their dispatch, "10-98, civil matter."
Unless the OP in this has done something more than she has stated, the cops just are not likely to get involved.
Once again, if the only story that is told to the police is his, and he insists she ripped him off and demands action, she's going to jail. Her simply stating the truth (assuming it was so) will almost certainly keep her out of jail. Saying too little, in this case, might get her in jail far easier than explaining herself.
Alternatively, she can speak to an attorney now and have him show up on her behalf or deal with the matter for her. A rather pricey way to handle what is a somewhat typical and routine matter, but that's her choice.
As a note, we deal with this kind of thing all the flippin' time. Sometimes it is storage units, sometimes it is a garage, sometimes it is part of an apartment or a house. The chance of any prosecution coming from this is somewhere being slim to none ... unless the OP has left some important details out.