Criminal Trespassing

[Blue5578]

What is the name of your state? Tennessee

My husband and I filed to modify custody of his son back in August. At that time we placed a restraining order on the x's boyfriend, Robert. Robert can not be around the son. We found out one night the mother had the child around her boyfriend (Robert).

Our attorney told us to catch them in violation of this restraining order. So we went over to their house and waited until them came home. Once they drove into their driveway we pulled in behind them, we had a video camera.
We were taping them all three get out of the car. A few word were said (Note we never said anything bad) then we left. Shortly there after, we were slapped with "Criminal Trespassing"

My first question is: Is that Criminal Trespassing?
Do you think we will be convected?
Do you think this will affect our case?

They just slapped us with that charge because Robert & the x are mad at us for filing a modification of custody and placing a restraining order on Robert. Do you think the judge will see that?

Please advise, thank you so much in advance!

 

[dequeendistress]

I believe you should have used the services of a private investigator to obtain your proof.

Or called the police upon discovery of the violation of the protection order. Instead you took it upon yourselves to be the investigators. This very well could result in the charges against you being valid.

Your defense, and you need to take the attorney who advised that YOU needed to obtain proof of the protection order violation, would be that you were there for that reason. I believe you have received bad advice from your attorney or maybe you misunderstood what s/he meant by obtaining proof.

Trespass offenses. In Tennessee, a person commits criminal trespass “who, knowing the person does not have the owner’s effective consent to do so, enters or remains on property, or a portion thereof.” T.C.A. § 39-14-405. That person commits aggravated criminal trespass if he or she“intends, knows, or is reckless about whether such person’s presence will cause fear for the safety of another.” T.C.A. § 39-14-406. “Any person who drives, parks, stands, or otherwise operates a motor vehicle on, through or within a parking
area, driving area or roadway located on privately owned property which is provided for use by patrons, customers or employees of
business establishments upon such property, or adjoining property or for use otherwise in connection with activities conducted upon
such property, or adjoining property, after such person has been requested or ordered to leave the property or to cease doing any of the foregoing actions” is guilty of the offense of trespass by motor vehicle. T.C.A. § 39-14-407.

 

[Blue5578]

So based on the law you quoted. More than likely I'm going to be charged? We have the copy of the restraining order. Do you think having that will change the judge's mind?

 

[dequeendistress]

From your first post I assumed you were already "charged".

I do not think the restraining order gives you permission to violate others rights although it may help justify your motive.

Who pressed the charges? The ex?

 

[Blue5578]

We have not gone to court yet. The x's boyfriend is charging us because it's his house. The X lives there but she's not to have the child around this guy. This guy is a convected drug dealer.
This guy has made this child sleep in a closet several time. Those two reason are why we placed a restraining order on him. The x totally disregarded the restraining order. I know now we shouldn't have went over there but now is a little too late. I've never been in trouble before and I don't want to be in trouble.

I think he did this simply because he's upset we placed the restraining on him in the first place and this is his way of punching back at us. Do you think the judge will see that?

 

[dequeendistress]

I cannot tell you what the judge will and will not see. Sorry.

S/he will see the facts as presented and make their own decision.

 

[Blue5578]

Well, thanks for talking with me any way.

 

[JETX]

Actually, a fairly competent attorney will likely get you off the charge. The key is "knowing the person does not have the owner's effective consent to do so". I would assume (and certainly assert) that at the time of the occurence, you did NOT know that you were not allowed access. Simply, you cannot be convicted of trespassing if you were not 'noticed' (either by instructions, signs, etc.) that you were not allowed access.

That does NOT excuse your obvious intent to cause a problem by your presence. Presumably, you could have simply videotaped from the street or hired a 'independent 3rd party' to do the video for you and not had this situation arise at all.

"Is that Criminal Trespassing?"
*** Not in my opinion (see above).

"Do you think we will be convected?"
*** No one can predict what may happen, especially considering that we have only heard your side of the story and do not have the benefit of the FULL facts.

"Do you think this will affect our case?"
*** Personally, I doubt it.

"They just slapped us with that charge because Robert & the x are mad at us for filing a modification of custody and placing a restraining order on Robert. Do you think the judge will see that?"
*** The judge will likely understand the reasons for their filing the charge. However, that should have little or no affect in considering your guilt or innocence of the charge.

 

[dequeendistress]

You're welcome.

 

[dequeendistress]

Jetx is it advisable for parties who are not licensed private investigators or working as a law enforcement officer in the scope of duty; to tape or monitor anothers behavior? (Not in an open public area but at the residence of the other party)

 

[JETX]

Jetx is it advisable for parties who are not licensed private investigators or working as a law enforcement officer in the scope of duty; to tape or monitor anothers behavior?

** Of course not. And as I noted, it is clear to me that the conduct (of confronting them) was done so purely to cause an issue and hopefully get IT on tape also.

However, that does not mean that the writer is guilty of the criminal trespassing charge.

 

[dequeendistress]

Thank you sir.

 

[Blue5578]

Thank you JETX for your advice.
You are right, we did not know we were not wanted there. Besides, my husband currently has joint custody of his son. He sould be allowed to visit him any where. We didn't go over there and have an all out confrontation with the x and her boyfriend. We were not looking for a confrontation, simply catch them togather. We'll use a PT next time