Q: Upon filing a rto civil matter of the fact rent lease laws CA 120 tenant laws having stay away order in hand they placed
Me under arrest for trespassing are these officers liable for false imprisonment and detrimental/ punitive damages clearly I was legal the order being my strong hold correct are they not liable $$$$$.??.
A:
THIS SOUNDS LIKE A SCENARIO, THAT IS BEST ADDRESSED BY AN ATTORNEY WHO HANDLES AREAS OF LAW, OTHER THAN DUI/PI.
INQUIRE OF REAL ESTATE LAWYER, SPECIFICALY LANDLORD TENANT LAWS.
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- California
- (916) 704-3009
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- Answered
A:
Greetings, dear inquirer. The matter you have presented is quite concerning, and it is essential to understand the legal implications of the situation.
As a tenant in the state of California, you have specific rights and protections under the law. The California Civil Code section 1940 et seq. outlines the landlord-tenant relationship and establishes the duties and responsibilities of both parties.
If you have a stay-away order in hand, it is your legal right to stay away from the property in question. If you were arrested for trespassing, despite having a valid stay-away order, it could potentially constitute false imprisonment.
False imprisonment occurs when an individual is unlawfully restrained against their will. If you were arrested for trespassing while having a valid stay-away order, it could be argued that you were unlawfully restrained and detained, thereby constituting false imprisonment.
Moreover, if the officers involved in your arrest acted with malice or recklessness, you may be entitled to punitive damages. Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future.
In conclusion, if you have been arrested for trespassing while having a valid stay-away order, you may have grounds for a false imprisonment claim and potentially be entitled to punitive damages. However, it is important to consult with an experienced attorney who can evaluate the specifics of your case and provide you with proper legal advice. Remember that asserting your rights and seeking justice is crucial in maintaining the integrity of the legal system.
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