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what constitutes tresspassing?

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minivan_mom

Junior Member
I live in Michgan, fwiw....

I have a question regarding tresspassing or maybe breaking and entering? Not sure...

Friday night we had some friends over to play cards. One of the friends is going through a very nasty divorce. We were sitting in our garage playing cards and drinking a few beers (well, *I* was having a few beers, I wasn't really paying attention to anyone else as they're all over 21). Our garage door was closed except for about a foot off the ground because we smoke and we were trying to let some fresh air in. I saw headlights pull into our driveway, so I walked through the house to the front door to see who it was. It was the soon-to-be ex-wife of our one friend. Instead of coming to the front door, she literally crawled under my garage door (uninvited) with her cell phone ready to take a picture and said "now I can get a picture of you drinking while you have the kids" (whom were in the house). My husband opened the garage door all the way and asked her to leave. A scuffle between the two of them (the ones divorcing, not my husband) insued. It all happened very fast and none of the rest of us were sure exactly what was going on. She ended up NOT leaving, calling 911 from another guest's phone (without permission), hung up on 911 and then proceeded to have a shouting match in our front yard. She was asked repeatedly to leave, but did not. 911 called back to find out the reason for the hang up. Police Officers ended up coming to my house. The one friend had already left with his kids, but the uninvited one was still hanging out in my driveway. The police decided to treat this matter as a domestic abuse issue (she wanted to press charges for the scuffle) and made everyone fill out reports. The entire night would've been avoided had she 1) never came over in the first place, seeing as how she was not invited, 2) had left when she was originally asked to leave, or 3) came to the front door like any normal person (where she also would've been told to leave).

So, now we have to go to court for this issue (which will cost us in wages or we can be arrested for contempt of court). We have a dent in our garage door from their scuffle. We're all very shaken up having witnessed something like this and we're very angry because the whole situation could've been avoided VERY EASILY.

I don't condone violence for any reason, but the fact that she was uninvited and unwanted and was the whole catalyst for the entire night falling apart makes me feel that the entire situation was 100% her fault.

I'm wondering if I can press charges against her for tresspassing? We don't have signs posted, but she WAS repeatedly asked to leave and did not, thus resulting in the damaged garage door, etc.

Thanks for any and all advice...
 


CdwJava

Senior Member
Did anyone ask the police about charging her with trespassing? I suspect that all of this was related to them at the time the police were there, so it may already be included in the report.

You can certainly ask that the police request charges from the DA for trespassing, but that will be a separate matter from the DV situation. It may or may not be considered as part of the original report.
 

tranquility

Senior Member
I agree. There may be both a tort and crime of trespassing on the STBE. But, from the tort perspective, the criminal actions of DV accused, breaks the proximate causation claim of damages past that point.
 

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