Gated Communities

[gasgirl]

What is the name of your state (only U.S. law)? Nevada
My stepchildren's mother is dating a Registered Sex Offender. We recently moved into a Gated Community. She came by to drop off something for the kids (we buzzed her in), only to see this man in the car.
We asked her never again to bring him into our community, even if he is just in her car (he has MANY prior felonies/violent acts). Can I have him arrested for trespassing if he gains entry into our community again?
Aren't our roads within the community Private property?

 

[outonbail]

What is the name of your state (only U.S. law)? Nevada
My stepchildren's mother is dating a Registered Sex Offender.

How do you know this guy is a registered sex offender? What is it you're afraid of happening when this guy is riding in the mother's car?

We recently moved into a Gated Community. She came by to drop off something for the kids (we buzzed her in), only to see this man in the car.
We asked her never again to bring him into our community, even if he is just in her car (he has MANY prior felonies/violent acts). Can I have him arrested for trespassing if he gains entry into our community again?

Are you asking if you can have him arrested for trespassing if, after you buzz in the girl's biological mother, you discover he's in the car again?

Aren't our roads within the community Private property?

Are the legally required signs posted at the entrance and along the border, stating the community is private property, that only residents and their invited guests are permitted to enter and all others will be arrested for trespassing?

Does the biological mother have shared custody or regular visitation with her children?


Not legal advise, but food for thought:
You sound like you want to have control over who the biological mother dates. This is of course never going to happen.

If you buzz in the girl's mother and she has this man in her vehicle, what is it that he has done wrong? He may not even know you asked mom not to bring him into your community.
What does the girl's father have to say about this situation? After all, the visitation arrangement is between him and his ex. You really have no legal standing in their custody arrangement. If the father objects to his daughters being exposed to this person, he will have to go to court and have a judge issue an order prohibiting mom from having sex offenders and/or felon's near their children. I can't see this happening, but he can always ask.

Have you researched the backgrounds of all the residents who live in this community, to make sure none have a criminal record? How about their friends?
Or do you only want the felons who date the biological mother banned from your community?

 

[Antigone*]

What is the name of your state (only U.S. law)? Nevada
My stepchildren's mother is dating a Registered Sex Offender. We recently moved into a Gated Community. She came by to drop off something for the kids (we buzzed her in), only to see this man in the car.
We asked her never again to bring him into our community, even if he is just in her car (he has MANY prior felonies/violent acts). Can I have him arrested for trespassing if he gains entry into our community again?
Aren't our roads within the community Private property?

YOU have no say over who your stepchildren's mother dates. None whatsoever. You have no say over your stepchildren period. YOU are a legal stranger. Unless he is breaking the law there isn't much you can do.

If you really want to stir up a hornets nest with your husband's custody issues then keep playing with the nest as you are doing. Your hatred for her and how she has done you and your husband wrong is going to elevate this to a degree that is not necessary.

 

[gasgirl]

Hold the Moral Judgement, Please

Circumstances aside, if, for whatever reason, as a homeowner in a GATED COMMUNITY, I advise ANY MAN (in person, and in writing) that he is NOT WELCOME on my property or within my community, and he gains access (as in riding in the car with someone who IS permitted to come in, DOES THIS CONSTITUTE TRESPASSING?

 

[CdwJava]

My stepchildren's mother is dating a Registered Sex Offender. We recently moved into a Gated Community. She came by to drop off something for the kids (we buzzed her in), only to see this man in the car.
We asked her never again to bring him into our community, even if he is just in her car (he has MANY prior felonies/violent acts). Can I have him arrested for trespassing if he gains entry into our community again?
Aren't our roads within the community Private property?

You allowed him in while he was in the company of the children's mother. He is NOT trespassing.

If you refuse to buzz mom in to pick up or drop off the children, then expect that to potentially violate some custody order and your husband could get in to hot water.

If this guy is, indeed, a sexual predator (and I am not sure why you believe he is) then your husband should go back to court and see what he can do about getting something else arranged (perhaps supervised visits or a court order preventing this guy from contacting the children). If he is what you say, then your husband needs to get back to court tomorrow to seek a modification of the custody and/or visitation order.

But, Absent some legal reason to keep mom's new man away from the children, preventing mom from picking up the children because he accompanied her can land your hubbie back into court as the bad guy.

So, you can advise her that he is not welcome, and maybe she will agree to leave him behind. But, if she does not agree to leave him behind, this could cause problems. Alternatively, you can always agree to a new rendezvous away from your home at a neutral place so that the new guy does NOT come onto the gated community. You have alternatives available to you, but they may not be the ones that allow you to exercise all the control.

- Carl

 

[outonbail]

Circumstances aside, if, for whatever reason, as a homeowner in a GATED COMMUNITY, I advise ANY MAN (in person, and in writing) that he is NOT WELCOME on my property or within my community, and he gains access (as in riding in the car with someone who IS permitted to come in, DOES THIS CONSTITUTE TRESPASSING?

"Your" property and the "community" property are two separate domains. You have the right to refuse anyone you don't like, for any reason, entrance on or into your property. If they refuse to leave, then you can have them arrested for trespassing.

However, just because you don't like someone does not give you any legal standing to stop your community neighbors from inviting them on or into their property.

Basically, you will have to find some other angle if you want to cause trouble, belittle mom, confuse/corrupt the girls and eventually, waste money.

You knew he had baggage when you entered the relationship, so you need to learn to deal with it appropriately. I suggest you start by keeping your nose out of places it has no legitimate right to be snooping in.

Maybe you should get a hobby to help fill up your idle time and occupy your mind? The hate you're embracing can bring no good to anyone,,,,,,

 

[Ohiogal]

Circumstances aside, if, for whatever reason, as a homeowner in a GATED COMMUNITY, I advise ANY MAN (in person, and in writing) that he is NOT WELCOME on my property or within my community, and he gains access (as in riding in the car with someone who IS permitted to come in, DOES THIS CONSTITUTE TRESPASSING?

Try that excuse and the COURT will destroy you. Mom has a court order. Unless said court order prohibits her from having her BOYFRIEND in the car when she picks up HER children per the court order, you would get in trouble for interfering with mom's custody rights. Mom should then go to court and get a court order for dad to do ALL transportation himself AND to change custody due to substantial interference from the legal stranger.

 

[Ohiogal]

"Your" property and the "community" property are two separate domains. You have the right to refuse anyone you don't like, for any reason, entrance on or into your property. If they refuse to leave, then you can have them arrested for trespassing.

Wrong. She can attempt to refuse mom HOWEVER mom has a court order allowing her to pick up her children. Stepmonster would be causing her husband severe legal issues for attempting this bull.

 

[outonbail]

Wrong. She can attempt to refuse mom HOWEVER mom has a court order allowing her to pick up her children. Stepmonster would be causing her husband severe legal issues for attempting this bull.

Your saying that the court would force the OP into allowing the biological mothers boyfriend, also a legal stranger to the children, into her home?

I don't buy that. I don't even believe they would force her to allow the mother into her home. The community yes, but she could pick up the children outside on the porch or at the curb.

Of course the OP's compelling need to interfere in the situation, is eventually going to end up causing dad problems one way or another,,,,,

 

[Ohiogal]

Your saying that the court would force the OP into allowing the biological mothers boyfriend, also a legal stranger to the children, into her home?

I don't buy that. I don't even believe they would force her to allow the mother into her home. The community yes, but she could pick up the children outside on the porch or at the curb.

Of course the OP's compelling need to interfere in the situation, is eventually going to end up causing dad problems one way or another,,,,,

I am not saying they would force the OP into allowing the boyfriend into her home. Nor will they force her to allow the MOTHER into her home. What they will require is that the terms of the court order be carried out. And mom can bring whoever she wants with her. That is what I am stating. No where did I say that they will force her to allow the man into her home. However if mom pulls into the driveway in the car they can't threaten to have boyfriend arrested because they don't want him there and he is sitting in mom's car.

ETA: And if you reread she specifically asks about the boyfriend sitting in mom's car. Not anything about the boyfriend coming into her home.

 

[gasgirl]

The Rest of the Story...

SO would you continue to refer to me as a Stepmonster if you knew the following?

The Boyfriend has been to jail 17 times (twice for Molestation of Children<14, twice for Assault-one was felony, 1 felony drug possession, 2 DUI's, Robbery,etc), and has another Felony assault and Child Endangerment Trial Pending! Oh, and an outstanding Bench Warrant for DUI in another State! He has also been recently charged with assault on the 18yr old (Broke his nose).

My husband and I spent $50,000 on legal fees last year to get a NO CONTACT order on behalf of the then 2 minor children (one is now 18). Then he moved in with the mother, which then gave us de facto Full Custody. She now has rare visitation.

Oh, and did I mention that due to his stalking (he followed me and sent me messages describing what I was wearing every day for 2 weeks), I got a TPO. Unfortunately I was denied a permanent Order because he stopped sending messages...

So now, I have just moved into a Gated Community (only 8 houses), and DO NOT want him anywhere near me or my children (did I mention he made lewd comments about my 6 year old daughter on Facebook (he used my son's login...)

I have pursued every legal avenue, even arguing to a judge that he violated his NO CONTACT order, but he says technically he did not.

I have spoken to all my neighbors, and they agree this man should not be allowed into the community. I checked, and the roads in our community are PRIVATE roads.

Anyone want to hurl a few more daggers at the Stepmonster NOW? Who is really looking out for the well-being of the children? Not their Mother...

 

[CdwJava]

The Boyfriend has been to jail 17 times (twice for Molestation of Children<14, twice for Assault-one was felony, 1 felony drug possession, 2 DUI's, Robbery,etc), and has another Felony assault and Child Endangerment Trial Pending! Oh, and an outstanding Bench Warrant for DUI in another State! He has also been recently charged with assault on the 18yr old (Broke his nose).

Sounds like dad would have a good case to modify custody and visitation. He needs to do that in order to keep this guy away from the kids when they are with mom.

My husband and I spent $50,000 on legal fees last year to get a NO CONTACT order on behalf of the then 2 minor children (one is now 18). Then he moved in with the mother, which then gave us de facto Full Custody. She now has rare visitation.

"No contact" by whom? By the new boyfriend? By mom? Has that order been lifted or modified?

Oh, and did I mention that due to his stalking (he followed me and sent me messages describing what I was wearing every day for 2 weeks), I got a TPO. Unfortunately I was denied a permanent Order because he stopped sending messages...

Absent a court order to the contrary, he can still accompany the mom to the exchange. You do not have to let him in the front door, but you really do not have much say about who she brings with her to the exchange unless it is also supported by a court order.

If you do not want him within the confines of your gated community, then you need to have your hubby make the exchange elsewhere.

So, until a court says otherwise, the visitation order has to be adhered to and if you say HE cannot come in, hubby could be found in contempt of the visitation order.

If this new beau is as bad as you say, then it should be a piece of cake to get a court to agree to either no contact or only supervised visitation. In the meantime, either adjust the location of the exchange, gain voluntary compliance from mom, or take a chance at violating the court visitation order.

- Carl

 

[gasgirl]

No Contact Order

I am NOT referring to exchanges of the Children. We have a NO CONTACT order against this Boyfriend, so he cannot have contact with the children (only one is still a minor). He has only come with the mother to drop things off, but he has taken photos of my house from the car.

What I am referring to is him coming into a Private, Gated Community, with Private roads without our permission...the Las Vegas Metro PD has said we can call for trespassing.

I am not out for blood, just a protective mother.

 

[CdwJava]

If the NO CONTACT order indicates he is to stay XXX yards away from you or your home, or the children, and he comes within XXX yards, then he can be arrested for violating the order, not for trespassing.

Why worry about a trespassing complaint if he is violating the court order? Trespassing would have a higher burden of proof - and is a wee bit muddier of a case to make - than the court order violation.

- Carl

 

[gasgirl]

We tried that...

We did try to get him on violation of No Contact Order 3 months ago when he drove by our previous residence (we had photos of his truck in our cul-de-sac). Judge said since he was on Public Road, and did not have actual contact with the children...No Contact Order does not specify a distance, it simply says he cannot have any contact with the children.

This guy has been pushing the envelope on the No Contact Order all along. He even showed up at the hotel the kids and their mother were sharing while on vacation- Judge said that since he had another room, and never actually had contact with the children...Never mind the mother slept in his room every night and left the kids to fend for themselves for breakfast every morning...

The courts are definitely on his side, it appears. Believe you when I tell you I fear he will harm me if given the chance...how would you like getting notes on your car describing what you were wearing when you leave from work?

It appears only trespassing may work...for now, we have arranged to not have the mother come to our house at all...