• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can you be arrested for trespassing?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

justalayman

Senior Member
Trespassing IS a crime itself.
it requires an intent to commit some other crime. Without that intent, trespassing is not a crime if there was no notice given. This is another reason burglary is a much more appropriate charge. Entry itself is considered to be prima facia proof there was intent to commit a crime.
 


justalayman

Senior Member
the home is in foreclosure and it has been vacant for 45 days.
has the "owner" been evicted? If not, not sure what the issue is. Until a foreclosure is complete, the owner still legally owns the house and unless they have been evicted, they have all rights to enter their own house.
 

Just Blue

Senior Member
has the "owner" been evicted? If not, not sure what the issue is. Until a foreclosure is complete, the owner still legally owns the house and unless they have been evicted, they have all rights to enter their own house.
think the owner is in jail/prison and OP is a ex of said owner. Per posting Hx...But hopefully will post back and in a literate manner tell us what is going on.
 

justalayman

Senior Member
think the owner is in jail/prison and OP is a ex of said owner. Per posting Hx...But hopefully will post back and in a literate manner tell us what is going on.
I suppose I should have heeded your previous admonition to review posting history.


burglary it is.
 
**A: well, this is a website.
Basically I got a woman pregnant who was in the process of a divorce. After she had been mistreated and the kids abused badly by their father. During the divorce he got a lawyer and part of the divorce was for him to be able to keep the home. She signed a quit claim deed during signing the divorce paperwork. He after me and her getting another home came to my home and came in the house and threatened to kill me. I shoved him out the door back outside. He came back fast and we fought. He lost and ran for a weapon. I dialed 911. He went to jail for burglary and battery. Now he had given her all her personal furniture that was made by her dad. He eventually wound up on probation but she went back to him after he made a lot of threats. So a year later she comes back to me. They had called off the divorce and she thought it was all stopped. He basically violated his probation. So he went to jail. She wanted her belongings so she went and got them. He had told her she could have the stuff. But he is a liar and a trouble maker so he will try to start trouble about it. The home is in foreclosure and he has sold a lot of her stuff already and the kids she just wanted her furniture her dad hand crafted for her. That was given to her as a gift. I hope you can figure this out. It's bsically the short version.
 

Isis1

Senior Member
So you two thought it would be a great idea to trespass? And take the items without a court order? You two both screwed up. Get an attorney?
 

LdiJ

Senior Member
So you two thought it would be a great idea to trespass? And take the items without a court order? You two both screwed up. Get an attorney?
Well, get an attorney if they get charged with a crime. If the house gets taken by the bank before the ex gets out of jail and finds out the items are gone, they may not get charged.
 

Silverplum

Senior Member
And you thought the people that read your story would be "judgemental."

Basically I got a woman pregnant who was in the process of a divorce. After she had been mistreated and the kids abused badly by their father. During the divorce he got a lawyer and part of the divorce was for him to be able to keep the home. She signed a quit claim deed during signing the divorce paperwork. He after me and her getting another home came to my home and came in the house and threatened to kill me. I shoved him out the door back outside. He came back fast and we fought. He lost and ran for a weapon. I dialed 911. He went to jail for burglary and battery. Now he had given her all her personal furniture that was made by her dad. He eventually wound up on probation but she went back to him after he made a lot of threats. So a year later she comes back to me. They had called off the divorce and she thought it was all stopped. He basically violated his probation. So he went to jail. She wanted her belongings so she went and got them. He had told her she could have the stuff. But he is a liar and a trouble maker so he will try to start trouble about it. The home is in foreclosure and he has sold a lot of her stuff already and the kids she just wanted her furniture her dad hand crafted for her. That was given to her as a gift. I hope you can figure this out. It's bsically the short version.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top