Trespassing on Condomium Property?

[mdf]

What is the name of your state? CT

My sister is the middle of a nasty divorce. Her husband routinely comes into the condominium property during nonvisitation times to harass her.

tonight he dropped off the children 5 hours late at 10 pm. He then returned to his mother's house and called my sister five times (11 p.m.) demanding to talk to the children (after having them all day). She refused because they were in bed. Shortly after that, my sister heard yelling and looked out her window to see her husband behind her condo arguing with two police officers. He had returned to her condo, parked his truck in a different section of the complex and was stopped by the police behind her condo. He explicitly told the police he was going to her condo to leave a message. In several past incidents, my sister has had to call the police because of this behavior.

They refuse to arrest him either for harassment or trespass because they claim that he was not liable since he was not found actually on her exclusive area of the complex (an area of maybe 20 square feet immediately in front and behind her doors) but in the "public way". They claim the common area of the condo is not private property---which is simply and logically not true.

She would like to know a) are the police simply not helping and b) if so, who can she take her problem to? This isn't just one officer--there have been several calls and several officers who refuse. Point of information: the police chief is a friend of the husband.

The husband's behavior is escalating as the divorce nears its end. It is impossible to get a restraining order against him unless he physically touches her (she has tried three times to get one). The court says it does rise to the level of a restraining order since the police did not arrest him. The police say they can't arrest him with a court order.What is the name of your state?

Does this make sense?What is the name of your state?

[justalayman]

is there a court given seperation agreement? If so, look there. If not, then she cannot restrict her husband from his actions until he reaches the point the courts consider it stalking or harassment.

Is his name on the condo?

[mdf]

I actually own the condo and rent it to my sister.

It seems bizarre to me that the police say the condominium property is public. It's not---it's a private way for use of owners and their guests. They told my sister to ask her lawyer and let the police know what he says---which set off alarms for me because I can't imagine the police would arrest someone on a non-police lawyer's advice.

The first time he did this, the police said they couldn't arrest him because he could have been visiting someone else, while admitting that they don't think that's why he was there (it's a large complex). This time he explicitly told them he was going to her place and they said they wouldn't arrest because it's public property. It was 11 p.m., he parked in a different section and walked to the rear of her unit. If this doesn't show some kind of suspicious intent, what would?

There is a pendente lite visitation schedule (which, as noted, he violated tonight, one of many times). The police don't care about it without a restraining order. They just shrug and tell my sister to file a motion in court, which she has done. While the visitation violations are divorce law issues, these unauthorized visits seem to be a separate issue. He has a history of violence with arrests (fights, road rage incidents, disorderly conduct) and the police know this, yet they won't acknowledge the mounting escalation in his behavior. This has been going on for a year and half. One officer even told my sister he was tired of her phone calls and ran HER identification.

[Ohiogal]

Originally Posted by mdf

I actually own the condo and rent it to my sister.

It seems bizarre to me that the police say the condominium property is public. It's not---it's a private way for use of owners and their guests. They told my sister to ask her lawyer and let the police know what he says---which set off alarms for me because I can't imagine the police would arrest someone on a non-police lawyer's advice.

The first time he did this, the police said they couldn't arrest him because he could have been visiting someone else, while admitting that they don't think that's why he was there (it's a large complex). This time he explicitly told them he was going to her place and they said they wouldn't arrest because it's public property. It was 11 p.m., he parked in a different section and walked to the rear of her unit. If this doesn't show some kind of suspicious intent, what would?

There is a pendente lite visitation schedule (which, as noted, he violated tonight, one of many times). The police don't care about it without a restraining order. They just shrug and tell my sister to file a motion in court, which she has done. While the visitation violations are divorce law issues, these unauthorized visits seem to be a separate issue. He has a history of violence with arrests (fights, road rage incidents, disorderly conduct) and the police know this, yet they won't acknowledge the mounting escalation in his behavior. This has been going on for a year and half. One officer even told my sister he was tired of her phone calls and ran HER identification.

The condo is a MARITAL residence. Without a restraining order or court order giving sis sole possession, he is allowed to MOVE IN to the marital residence. Even with an order for sole possession, sis would have to go to divorce court for contempt.

[justalayman]

if you believe a crime has taken place, you can go to the DA's office. I suspect though that as of yet, it has not risen to the criminal level. That is the get around the police action. Often, they simply report their investigation to the DA and the DA is who actually writes the charges against a person.

as to the public v. private property; I would have to look for you states specific opinion but often an area such as this is quasi-public since the public is allowed to enter the space anytime they are there to contact a resident of the condo properties. Unless the police can prove he is not there to contact a resident (which sis is) they probably cannot restrict his actions. Since there is no court order against him contacting sis, he can go there to contact her and legally be on the property, even if this wasn't a marital household. As Ohiogal posted, if they lived there together, it is the marital household and short of a court order restraining him from the premises, he actually has the right to walk on in the actual condo.

as to phone calls: 2 words; caller ID