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Self defense inside your house

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igor8273

Member
What is the name of your state?
Pennsylvania

In Pennsylvania, if you ask someone to leave your house, regardless of whom that is, and they refuse to do so, then what are your options?

Assuming that it's not someone you are looking to get evicted, it's just someone who came over, then can you use non-lethal force to get them out and then call police and expect the police will arrest only that person such that the uninvited guest will not even be allowed to bring charges against me for throwing them out of my house?
 


Just Blue

Senior Member
What is the name of your state?
Pennsylvania

In Pennsylvania, if you ask someone to leave your house, regardless of whom that is, and they refuse to do so, then what are your options?

Assuming that it's not someone you are looking to get evicted, it's just someone who came over, then can you use non-lethal force to get them out and then call police and expect the police will arrest only that person such that the uninvited guest will not even be allowed to bring charges against me for throwing them out of my house?
If someone, who does not live in your home, refuses to leave...call the police.
 

zddoodah

Active Member
In Pennsylvania, if you ask someone to leave your house, regardless of whom that is, and they refuse to do so, then what are your options?
Context matters, and you provided none.


Assuming that it's not someone you are looking to get evicted, it's just someone who came over, then can you use non-lethal force to get them out
Whether I would have this ability would depend on the persons size and strength relative to my own. If your intent was to ask whether it would be legal to use non-lethal force to remove a trespasser from one's home, the answer is generally yes.


and then call police and expect the police will arrest only that person such that the uninvited guest will not even be allowed to bring charges against me for throwing them out of my house?
Private persons do not bring charges against each other, and the law does not regulate expectations. Obviously, calling the police is an option.
 

adjusterjack

Senior Member
then can you use non-lethal force to get them out and then call police
You call the police first.

If you get into a physical altercation with somebody in your house and then call the police, the police will have two stories and the chances are even money that you'll both get arrested.

Worse, if you are a man and the altercation is with a woman, you are very likely going to jail.

Use some common sense.

Meantime, why is this person in your house in the first place? What led to the request that this person leave? What was this person's reason for not leaving? There must have been some conversation before the physical altercation ensued.

Details count.
 

igor8273

Member
Thanks for the answers. The picture I am painting in my mind based on what I understood from all of the answers posted to my question is this:

Someone, a female relative for instance (to better touch on the response above that it's a female), comes to my house. Let's for the sake of this hypothetical example say I don't want to see her in my house so I call police and say I have a trespasser in the house that refuses to leave. When police arrive, they say to me that we need to figure it out ourselves, they do not remove the relative from the house and then the police leave.

At this point, it sounds like the most I can now do is contact a lawyer that would tell me what I need to do next and that's it. For the time being, there is nothing I can do to get the person to leave?

I also don't understand why would I have to provide the police a reason why I would like someone to leave my home. What if I say to the police that I just don't want the person here?
 

Zigner

Senior Member, Non-Attorney
What makes you think you have to have a reason? The police WILL force her to leave, assuming she doesn't try to make any claim of residency.

(For the record, I don't usually "do" hypotheticals, but I'm in a giving mood at the moment.)
 
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igor8273

Member
Thanks. If you don't live at a specific address and therefore do not have a valid proof that you do, then by law in PA you cannot claim residency in the dwelling? Is that a correct understanding? Or is there more to this?
 

Zigner

Senior Member, Non-Attorney
Thanks. If you don't live at a specific address and therefore do not have a valid proof that you do, then by law in PA you cannot claim residency in the dwelling? Is that a correct understanding?
No, it is not. One can "claim" residency at any time in any place. Free speech and all...

The moment was fleeting. I'm tired of the hypothetical nature of your questions. Do you have specific questions about a specific matter you have been involved with?
 

zddoodah

Active Member
Someone, a ... relative for instance..., comes to my house. Let's for the sake of this hypothetical example say I don't want to see [the person] in my house so I call police and say I have a trespasser in the house that refuses to leave.
If you "don't want to see [the person] in [your] house," then how did she get in your house? Just because someone "comes to [your] house" doesn't mean the person gets to enter. So...how did this person get into your house? Did she force her way in or sneak in?


When police arrive, they say to me that we need to figure it out ourselves, they do not remove the relative from the house and then the police leave.
We're now verging into the world of facts that are so unlikely that responding isn't worthwhile. It would be extremely rare for cops to show up at a situation in which an unwanted guest has entered someone's home and decline to remove the trespasser.


At this point, it sounds like the most I can now do is contact a lawyer that would tell me what I need to do next and that's it. For the time being, there is nothing I can do to get the person to leave?
Despite your use of a question mark, this sentence isn't a question. Please re-read my prior response and explain why you think you might have to accept the presence of the trespasser.


I also don't understand why would I have to provide the police a reason why I would like someone to leave my home.
You wouldn't, and none of the prior responses said or implied that you would.


If you don't live at a specific address and therefore do not have a valid proof that you do....
Huh?


then by law in PA you cannot claim residency in the dwelling? Is that a correct understanding?
One can claim anything one wants.

Is this a real situation? If so, then clearly explain the relevant facts. If it's merely a hypothetical, at lease provide a complete set of facts.
 

quincy

Senior Member
Thanks. If you don't live at a specific address and therefore do not have a valid proof that you do, then by law in PA you cannot claim residency in the dwelling? Is that a correct understanding? Or is there more to this?
Has this person who you don’t want in your house been invited to stay by another resident of the house?
 

quincy

Senior Member
In a hypothetical situation anything is possible ;)
Ahh. I see “hypothetical” mentioned now.
In that case, if one resident wants the guest to stay and one resident wants the guest to leave, the guest stays and the residents need to address this issue between themselves. The police will not get involved unless there is a disturbance that warrants police intervention.
 
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