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Thread: Question about criminal trespass
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October 12th, 2009, 10:23 AM #1
Question about criminal trespass
First of all, let me explain a few details here. My younger sister is in an abusive relationship. She's filed multiple PFA orders against this asshole, but always dropped them a little while later AND took him back. That I cannot understand. I would love nothing more than to see him suffer, but I have two kids of my own and it would be hard to raise them from a jail cell.
That being said, I make a point to OC in her house every time I go. This morning was no different. I stopped by her house to check up on her and to (unsuccessfully) attempt to convince her to leave this asshole. My sister knows I carry and has told me in the past that it makes her feels that much safer when I am around.
This morning, we were having a cup of coffee and shooting the shit, when the douchebag came into the room. He hates me and was about to speak up, that is until he saw my pistol and backed down. He then told my sister that if I didn't leave immediately, he would call the cops.
My question is, if my sister has no problem with me OC in her house but he does, if the cops were to be called, could I be charged if I refuse to leave? My sister told me that she would never ask me to leave, so if she was asking me to stay, could I still be charged? As far as I know, both of their names are on the lease.
I don't want any trouble with the cops, but I won't leave my sister in that situation. God, I wish he would give me a reason...
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October 12th, 2009, 10:46 AM #2Banned
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Re: Question about criminal trespass
You're good if you're invited by your sister who is a resident.
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October 12th, 2009, 10:52 AM #3
Re: Question about criminal trespass
Who owns the property?, or whose name is on the lease? If it is not him
and it is your sisters, he has no standing in the matter. Also it appears
your sister fails to follow through. As a retired LEO I have seen abusive
relationships go sour in a heartbeat, PFA or no PFA. She needs to talk
with someone. If she counts on you being the "Safety Valve", think
again you are not there 24/7. Best of luck.FUNDAMENTALS
"All that is needed for Evil to Prevail is for Good Men to
do Nothing"
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October 12th, 2009, 10:59 AM #4
Re: Question about criminal trespass
I forgot to ask, is she married to this person?
FUNDAMENTALS
"All that is needed for Evil to Prevail is for Good Men to
do Nothing"
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October 12th, 2009, 12:42 PM #5
Re: Question about criminal trespass
No, they are not married. As far as I know, both of their names are on the lease to the property.
She won't listen to anyone when we talk to her about leaving him because she "sees the good in him". Not only am I concerned for her, but she also has a 4 year old son from a previous marriage. God knows what he has seen...
Does anyone have any experience with this? If so, I would appreciate any input. Thanks a lot.
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October 12th, 2009, 01:03 PM #6
Re: Question about criminal trespass
Have you shown her this weeks headlines?
Seriously, sometimes one must be more "convincing" than one would normally choose to be when handling a matter like this. Get together with more of your family and go *insist* she leave if it is truly that bad. (Pref when he is not around) If something happens it would be devastating to all involved.
My $.02_________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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October 12th, 2009, 01:10 PM #7
Re: Question about criminal trespass
It's not criminal trespass if you are invited by one of the parties.
If one wants you to leave, but the other says you can stay..........it's not a matter for the police. It's an issue between the two persons who own/rent the house.
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October 12th, 2009, 01:29 PM #8
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October 12th, 2009, 03:17 PM #9
Re: Question about criminal trespass
legally as said by Steve you can stay but if she stands up for you to stay how bad will he be once you leave ???
you need to work harder to get her out of that relationship !
find some way to convince her please !!!Tigers love pepper, they don't like cinnamon !
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October 12th, 2009, 03:21 PM #10
Re: Question about criminal trespass
I don't recall mention of any children involved. Get some family together go over there and pack up he stuff and get her the H out of there.
USNRET '61-'81
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