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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33065
Experience:  Began practicing law in 1992
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My son went to visit his girlfriend at work (Starbucks). The

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My son went to visit his girlfriend at work (Starbucks). The girlfriend's boss doesn't like my son and called security to tell him to leave the store. She tells the girlfriend she should get a restraining order again him. I'm not sure what the girlfriend says about him at work but is this something that we need to be concerned about? Can securtiy ask him to leave? What are his legal rights?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

The manager of a retail store, such as Starbucks, certainly has the right to ask someone to leave and also order them not to return. If they do return after being told not to then the manager could file criminal charges for "criminal trespass".

Dwayne B. :

As far as his legal rights, that's a pretty broad question and I would need you to be more specific to answer this.

Dwayne B. :

If he has been asked to leave and not return he does not have the right to do so.

Dwayne B. :

Nothing in your facts indicates he has any reason to worry about anything unless he goes back to he store.

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer:

The Starbucks is in a mall. Can security have issues with him if they see him in the mall. My concerns are that my son has entered the military and ships out in two months. He and the girlfriend fight constantly but he can't seem to break up with her. We live in Kentucky but she lives 30 minutes away in West Virginia which is where the problem is occurring. We have told him to stay away from the mall but are there things we should worry about? He is a good kid and very tender hearted. What would have to occur for a restraining order to put on him? I don't think she would do that but you never know.

Dwayne B. :

The only way Starbucks could prevent him from coming to the mall is with the management of the mall's permission. They could likely stop him from hanging around outside the store, but any warning they gave to stay away from there wouldn't be enforceable unless done with the mall'

Dwayne B. :

...with the mall's permission.

Dwayne B. :

Getting a restraining order or an injunction isn't terribly hard all it takes is allegations.

Dwayne B. :

He would have a chance to defend himself but he would need a lawyer and have to incur a lot of expense.

Customer:

So really, his best bet is to stay away from the girlfriend entirely. Thank you for the information.

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