A person came to my home today and was not invited or even welcomed. I had my foot behind the door and opened just slightly and she pushed her shoulder into our front door while I tried to keep my pitbull from attacking her. As I turned away to place my dog in the kennel she made her way into my home. With out me placing any other details. Dont you all think that that is tresspassing? I felt violated and disrespected of this happening to us. Any good legal advise on what to do from this point on? Am concidering a citation for tresspassing and a restaining order.
2006-10-21 20:32:08 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Police were called and I had placed a statement at the police station.
2006-10-21 20:36:37 · update #1
I did leave out alot of details presenting this to you all. I will say this though.. Am a grandmother. My stepsons ex gf came out to our home to pick our grandaughter up. It was already arranged by my step son for my grandaughter to visit over the weekend. When those two broke up she hated us ever since and dont want us to be a part of my grandaughters life. Need I say more?
2006-10-21 20:43:21 · update #2
My Step son had already arranged for his daughter along with him to stay at our home for the weekend. The ex gf makes everything difficult and she doesnt want to work thing out civally. IT was arranged for the granddaughter to stay with us for the weekend along with him too. She took advantage of him being gone to work and she came out and forced her way into our home. She did not make any arrangements what so ever to get my granddaugher. He left her in our care and she forced her way into my home and took my grandaughter from my home. I wanted to keep it cool for I had my own children in my home and I dont beleive in violence in the home. I went and got my grandaughter to prevent anything worse happening in my home and let my grandaughter go to her mother. Now I could have been a royal Biatch but that is not my way of handelinig things. I called the police, they to busy handeling a death somewhere. So I went there personally and filed a report. So you all got more details...
2006-10-21 21:33:58 · update #3
It sounds like you made the best of a bad situation. From what you've described, what she did was wrong on so many different levels.
1. Yes, it was likely trespassing if she 1) entered your property without your permission or even if she 2) failed to vacate your property when requested.
2. Depending on all the circumstances, it could be construed as kidnapping. Yes - you can kidnap your own child, even if you are not "disappearing"
Unfortunately for all, the child will be the one most harmed (from the situation, not the specific incident).
Your step-son needs to go to court and have custody orders drawn up (if not already done so). This of course will include an order for him to pay child support, unless he is given primary custody. When he has custody, she will have no right to take the child from his care. If he has asked you to care for the child, then similar rights will carry over to you. That way, if an incident like this occurs again, it will be in "violation of court order."
You may also try just not answering the door (if you haven't already). If she stays and creates a scene, then call the police (without having answered the door) and have her removed. If it continues, then file a restraining order. Eventually, hopefully, she'll either get the picture that she cannot harrass you, or she'll end up in jail. Hopefully, for the child's sake, the former.
Even better, you need to get your step-SON to step up and communicate with the mother that this is going to occur (probably best to do so after your step-son has court orders though).
I think you have the right mindset in trying to keep the peace when incidents like this occur, and you need to keep your granddaughter's best interests in mind in these situations. I would suggest that you move progressively forward so that the mother knows that she cannot interfere in this manner.
And I am sure there are some out there that think "but the mother has priority!" The problem is, the mother only has PARTIAL priority since the mother and father have decided not to maintain a familial relationship.
Wishing you the best!
2006-10-22 03:46:18 · answer #1 · answered by Chris 2 · 1⤊ 0⤋
With all the bad press about pit bulls, she's probably just going to say that she was concerned for the health & safety of her daughter & she could actually have you & your dogs arrested if anything ever did happen to the child. Even just a scratch could be seen as abuse by you, so you should be careful how you go about this matter. I suspect you need an impartial mediator & a court appointed & approved third party to act as a go-between when you are having supervised or unsupervised visits with the child. A restraining order will just seal the deal & you'll have a more difficult time getting time with your Grand Child, which would probably be a blessing in disguise for everyone! If you do not have written permission from the childs Mother, then you have no right to deny her entrance into your home where you are keeping her child & she could actually call the Police on you!
2006-10-21 21:19:54 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You did exactly as you should have done. If the dog attacked the intruder, that intruder would have probably sued you. By making a complaint, you probably avoided a complaint against the dog if the dog would have attacked the intruder.
Stay on top of the situation with the police and if necessary get a restraining order for the person not to bother you again.
Protect yourself and the dog from any unwanted law suits by getting the police involved every time she comes by.
2006-10-21 20:44:23 · answer #3 · answered by marnefirstinfantry 5 · 1⤊ 0⤋
Let me put it this way, although that is tresspass (as the others said), you have to be careful for the reasons why she forced entry. If she was entitled by law to pick her daughter up, and you were preventing access by locking her in your house, she could not only knock aside any legal claim against her (like tresspass) by saying it was the lesser of two evils, then sue you for preventing access (I don't know what your case exactly is, so this mightn't apply to yours, but i would be careful just in case it does).
That was a huge thing to leave out, and a good barrister (in court) would pick up on that immediately to discredit your case. If you do press charges, don't leave out any detail to your lawyer.
2006-10-21 20:57:04 · answer #4 · answered by tzeentchau 2 · 1⤊ 0⤋
You should have called the police right away, I think its too late now. You can get a restraining order, but its not worth the paper its written on. You need an order of protection for the police to be able to do anything. With a restraining order, the police have to see the person on your property to do anything, but with a P.O. the police do not have to actually see the person on your property to arrest them. Reading between the lines of your story, I suspect this person is a family member and if so, then you need to try and work it out with them. Family is all you got in this world and you need to remember that.
2006-10-21 20:44:03 · answer #5 · answered by nesmith52 5 · 1⤊ 0⤋
well i think you left some things out of the story but yes by all means this was trespassing! you didnt allow her to be there you didbt want her to be there and you made it clear you didnt want her in your home! i would have let my pit bite her if she entered my house my pitts can tell who is allowed and who isnt just by the way i act i make no effort to keep my dogs away from anyone intruding in on my privacy! Did you atleast tell her to leave?
Definition of trespass
intr.v., -passed, -pass·ing, -pass·es.
1. To commit an offense or a sin; transgress or err.
2. Law. To commit an unlawful injury to the person, property, or rights of another, with actual or implied force or violence, especially to enter onto another's land wrongfully.
3. To infringe on the privacy, time, or attention of another:
2006-10-21 20:48:51 · answer #6 · answered by Jeremysmom05 3 · 1⤊ 0⤋
I think forced entry is a little more than tresspassing. You have to get into the habit of not answering your front door until you know who and why they are there. Why did you stop your pitbull from attacking her, I wouldn't have.
2006-10-21 20:39:21 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Hi Wolverine, Sweety,i think you answer your own question.this person was disrespecting your place and you.i would say,she is a tresspasser and you should of kicked you boot up her A S S and push her out your door.do your thing and get this B I T C H..
Clowmy
2006-10-21 20:38:39 · answer #8 · answered by Anonymous · 1⤊ 0⤋
In the movie "Let the Right One In," the vampire went in to someone's home uninvited because the human wanted to see what would happen. Eli (the vampire) started bleeding out of its eyes and looked like he was started to convulse. As soon as the boy said "I invite you in" it stopped.
2016-05-21 21:50:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It's only trespassing if the person doesn't leave when asked to leave. After that it's trespassing, and from your description possibly even forcible entry.
2006-10-21 20:40:48 · answer #10 · answered by OU812 5 · 1⤊ 0⤋