Arrested for Trespassing?

[Little help]

What is the name of your state? I live in CA and I'm a renter. My neighbor is always in my yard, either to cut my roses or to cross it (to let her dog run in the field behind my house). There are many other ways into the field. She doesn't need to go through my yard. I've told her not to trespass but, she keeps doing it. I've had to physically remove her from my yard after she refused to leave. Can I have her arrested? What can I do to stop this lady?

 

[CdwJava]

What is the name of your state? I live in CA and I'm a renter. My neighbor is always in my yard, either to cut my roses or to cross it (to let her dog run in the field behind my house). There are many other ways into the field. She doesn't need to go through my yard. I've told her not to trespass but, she keeps doing it. I've had to physically remove her from my yard after she refused to leave. Can I have her arrested? What can I do to stop this lady?

If the property you rent is solely yours (i.e. it is not part of an apartment complex or property that others have ready access to) you can call the police and ask to place her under a private person's arrest (aka "Citizen's Arrest"). The police are obligated to accept the arrest and to dispose of it within the law. This usually means that the offending party will receive a citation to go to court, and the two of you will have to go before a judge at some time down the road.

Note that an element of Trespassing is prior notice or a refusal to leave the property. If she tells the police that she has never been told to get off the property then the matter may never get to court.

In any case, if you request the citizen's arrest the officers are required to accept it.

- Carl

- Carl

 

[Little help]

If I start gathering evidence now?

She has allready trespassed again today. Should I send her a letter telling her not to trespass? Would that be proof to the police? Should I take pictures? Would that help if I end up in court?

 

[CdwJava]

She has allready trespassed again today. Should I send her a letter telling her not to trespass? Would that be proof to the police? Should I take pictures? Would that help if I end up in court?

Pictures is good ... a registered letter is also good. It would certainly keep her from saying she has never been told and she has never entered your property.

What exactly is she doing? Is she crossing your yard to get to the sidewalk? Is this a huge lot that she crosses a corner of? Aside from the dog and the cutting of roses, is she causing any damage or disturbance?

If this is a rural or undeveloped property, posting "No Trespassing" signs would be a good idea as well. If it is open and unfenced property and fields, then it might be hard to make a trespassing complaint stick. It will really depend on the nature of the property. My initial reply was based on an assumption that this was more or less an urban property. If you are in the country and have ample, wide open yards, then trespassing may be less applicable without first posting it.

- Carl

 

[Little help]

It’s urban property. I have a side yard and a big back yard that is only partially fenced. She crosses my side and back yard to take her dog into the field. It’s not just a corner. Sometimes she doesn’t go into the field. She’ll just walk around my back yard and smoke. The main disturbance is my dogs see her an her dog, and bark non stop till she is gone. If it’s the right time of year she’ll pick apples from my trees. I know it’s not the end of the world, but she is so mean and ugly on the inside, that I don’t want her around for any reason or duration. The disturbance is her presence. I’m going to send a letter, take pictures and get some no trespassing signs. Is there anything else I can do?

 

[CdwJava]

Sounds like you're on the right track. Just remember to request a citizen's arrest if the police come out. If it's not possible due to an extended response, at least they SHOULD offer to forward a complaint to the D.A. for review.

- Carl

 

[Hammer71]

Sounds like a similar problem I recently had. No Trespassing Signs posted at points of entry of your Property is a Very Good Idea! Pictures? You bet!! It was exactly what I did.

My neighbor was doing basically the same thing that you described. I called the police and when they asked him, he actually told them that he was on my Property. That was a mistake for him! They issued him a Trespass Warning and informed him the next time he Trespassed onto my Property, he would be arrested. 3 days later, I filmed him, once again, on my property, called the Police..and he was arrested.