Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Sep 2009
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    Lancaster, Pennsylvania
    (Lancaster County)
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    Default 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...

  2. #2
    Join Date
    Jun 2008
    Location
    Westmoreland, Pennsylvania
    (Westmoreland County)
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    Default Re: Question about criminal trespass

    You're good if you're invited by your sister who is a resident.

  3. #3
    Join Date
    Jan 2007
    Location
    Etters, Pennsylvania
    (York County)
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    Default 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"

  4. #4
    Join Date
    Jan 2007
    Location
    Etters, Pennsylvania
    (York County)
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    Default 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"

  5. #5
    Join Date
    Sep 2009
    Location
    Lancaster, Pennsylvania
    (Lancaster County)
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    Default 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.

  6. #6
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
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    Default 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.
    Remember Meleanie

  7. #7
    Join Date
    May 2006
    Location
    Luzerne County, Pennsylvania
    (Luzerne County)
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    Default 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.

  8. #8
    Join Date
    Apr 2008
    Location
    Easton, Pennsylvania
    (Northampton County)
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    50
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    Default Re: Question about criminal trespass

    Quote Originally Posted by Pa. Patriot View Post
    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
    Quote Originally Posted by Steve in PA View Post
    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.
    I think this says it all.
    ““Liberty is the right to choose. Freedom is the result of the right choice.””

    -Anonymous

    Jeff

  9. #9
    Join Date
    Jan 2008
    Location
    Harrisburg, Pennsylvania
    (Dauphin County)
    Posts
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    604

    Default 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 !

  10. #10
    Join Date
    Nov 2006
    Location
    Elkland, Pennsylvania
    (Tioga County)
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    79
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    Default 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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