Can a guy have another guy arrested for refusing to stay off his property?

Question

Nobody in my neighborhood likes Charlie and nobody can seem to get rid of him once they have allowed in him into their home. He is rude partly because he spent 3 years in prison is constantly getting into fights and several people have moved because they didn't want to call the police on him. He comes over uninvited and is rude not only to me but to everyone he is an angry drunk and hits on every women he sees. He also is a mooch he will ask people he has never met for smokes, money, and beer and he calls everyone his best friend. A dozen people have told him to get lost to no avail and several people have moved cause the police won't arrest him until he is in someone's house. He burgalerizes but only steals small stuff like change, clothes, beer, or food. The police won't do anything pre-emptive. Everyone who has called the police on him has been hit before the police arrived help us he is a very good fighter!

Answer 1

If he was uninvited and was asked to leave and refuses then he can be arrested for trespassing. If he hits someone then it's assault AND trespassing...

Try to talk to Charlie when he's sober and explain very calmly and respectfully that he's no longer welcome at your home... If he winds up there again ask him to recall your conversation and then ask him politely to leave... You only want to call the cops if things get out of hand.

What it sounds like is Charlie is a sad, lonely, alcoholic who is pretty near rock bottom... You should pity him, but stick to your guns... reamin calm when speaking with him, take the higher road and avoid a physical confrontation.

Answer 2

Every US state has a criminal trespass law. They are all worded about the same. An example is Michigan's law which states,

"Any person who occupies any lands or premises of another, after being told to vacate the lands or premises by the owner or occupant or an agent of the owner or occupant, and who fails to do so is guilty of a misdemeanor punishable by up to one year in jail and/or $500 fine."

It's not enough that you tell him. The police need to hear you tell him.
When your nasty friend arrives, slip away and call the police. Tell them you want to do a CT Exclusion or Criminal Trespass Exclusion on the guy. You do not need a reason. The law says nothing about having a reason.

When the police arrive, simply explain that you want to ban him from the property with a CT Exclusion. They will explain what to do. They will have you tell the guy he is forbidden to return to your property for any reason in the future. You will need to tell him in front of the police. Once that is done, you can leave. They will do the rest.
They will write the report and advise him that if he returns, he will be arrested. They will also give you an Exclusion declaration to use in the future.

If he comes back, call the police and tell the dispatcher he is legally excluded from your property. Give them the original report number and the officer's name. He will go to jail.

Be sure to tell your neighbors about this procedure. If enough people ban him, maybe he'll move instead of them.

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Answer 3

There was a similar case in California years ago where a local thug was terrorizing a neighborhood, and the police did nothing. A World War II naval veteran took matters into his own hands and shot this thug dead once and for all. Rather than give this hero a medal, the authorities put him in prison. It was a heartbreaking story! I pray this does not happen to you!

If your police are not hauling this guy off when you call to make a complaint, then you need to do the following :

1. Collect yourself and your offended neighbors, go to the Chief of Police, en masse. File your complaint with him personally. And when you are through, go across the hall to the Mayors office and do the same.

2. Go to the court system, and collectively file restraining orders against this man. If you are in fear for your safety, you will have more than enough to secure that restraining order. If that man violates that order, the police HAVE to act, and arrest him.

3. NEVER walk your neighborhood alone. Walk together in groups. This not only provides you with an extra measure of protection, but witnesses!

4. If he physical assaults you, take photographs of any injuries. Call police immediately. If they do not arrest, then collectively contact a local attorney and proceed from there! And by all means, fight back!!

You needn't be victimized by this moron. You must ALL work together for the common good to rid yourselves of this piece of vermin.

Please do not take the law into your own hands, as much as you may be tempted to. I know it's hard. I personally would like to see his brains splattered all over the pavement, but nowadays the law works in favor of the offender, rather than the offended. So please be careful about that.

Best wishes!

Answer 4

Ok from what you said there is Trespassing..burglary, theft by taking..public drunk..disorderly conduct...assault and battery...sexual harassment..and lewd behavior....I agree with the other person lock your door..call the law..ask to speak to the sheriff or police chief..or better still you and your neighbors can get together and go to police station and issue a complaint..if enough people get fired up over this people will listen. Post No Trespassing signs in your yard also....

Answer 5

As a security officer you have very limited powers of detention and virtually no arrests powers. Regardless of all that or your job, any and every person has the right of self defense or protection of others. If someone, regardless who were to physically attack you, you have the right to defend yourself in every reasonable manner. Same goes for if they were to attack another person in front of you. Your level of force is a bit trickier, even as a Police Officer it gets tricky. It falls under Objective Reasonableness, your actions at the time of incident have to be reasonable. Someones throws a punch, you can't say, grab a large metal pole and beat them to death. OC spray is perfectly viable if a person is being actively aggressive towards you or others. By that I mean they are actively assaulting someone or you, such as punching, tackling etc. Now if say your escorting someone out of the building and they go rigid and refuse to move, that would be passive resistant. In that case your options as a security officer are rather limited. Your actions then would really depend on your level of training and what the employer would want you to do. Use of handcuffs in your case I would reserve for those actively resistant or greater. They swing at you or what not take them down and cuff them, hold for local Police. As far as someone committing a crime in your presence, it would depend on the nature. You always have right of self defense and defense of others, if the guy has a gun and you have OC, your best bet observe and report. Hope that helps a little, it's very grey I know, that's the nature of the field we're in. Big disclaimer here, I'm not a Police Officer in Ohio, every state has different laws governing things(except right of self defense). Also be aware that if the actions you take, even if they are morally correct, if they go outside the employers guidelines could land you out of the job. That I've seen a few times unfortunately. A lot of this your employer should be clarifying on, if they haven't said ask them what level of action they expect of you. For Reference material that might help, try searching the web for Ohio Use of Force Policy, private security.

Answer 6

Contact the police department, request a no-trespassing order be filed. If he comes onto your property, then ask him to leave. If he does not call the police, and let them know you would like to press charges for criminal trespass.

And lock your doors.

Answer 7

where abouts within the neighbor hood does he live? if you have a housing association could they not try and address this and whilst certain parts of your story sounds true [ish] the fact that after so MANY people being hit there does not seem to be any charges pressed against him.......can assure you if I got smacked by this idiot, the police and the AMBULANCE would be needed...........

good way of keeping tossers out your house is lock the door

Answer 8

Anyone who comes on to your property uninvited has no business being there. The technical word is called trespassing and yes you can be arrested for it.

Answer 9

get a cam corder and video him several times harrassing you or someone you know. Then call an attorney and hire him.....the attorney will get him on trespassing and the guy will have to repay your attorney fees once you ask the judge for it. This guy is trouble and needs to be stopped before he hurts someone.

Answer 10

Gang up and whoop his @$$. Or install cameras and get him busted that way or hire a PI.