Property Invasion, Damages, Trespass Petition for Protection & Temporary Peace Order

[amt_]

I received this petition from my "boyfriend's" "housemate" who has accused me of harrassment, trespassing and malicious destruction of property, of which I am not guilty. I did go on her property to leave a note for my "boyfriend" on the automobile on two different occasions (but did not view this as trespassing)-- all the other things she has accused me of I did not do.

In addition to "non-contact" she has asked for court costs and filing fees. The Sheriff who delivered the petition stated I would have to appear in court on the specific date, that "it is only a petition for peace and did not mean I did any of these things.

My question is - do I need legal counsel to represent me on these issues or is this an "appearance" for peace as I believe the Sheriff was stating? The malicious ... of property was done to my boyfriend's automobile - but I did not do it nor do I know who did. Will I have to pay court and filing cost (or the cost of his truck) simple because she filed this petition.

Your response ASAP is appreciated, as I have only 5 days before court appearance date.

 

[Michael Wechsler]

If you make an appearance in court then you are subjecting yourself to all the consequences. The Sheriff might be stating what he thinks will happen -- that it will be handled like routine spats -- but that isn't guaranteed.

First, what did your boyfriend say? If you are still dating and had his permission to be on the property, then his roomate will have a difficult time proving her case. Is the housmate a new girlfriend? That might change the perspective.

Second, I'm a bit confused. How can the housemate sue for the destruction of your boyfriend's truck? It's not hers and she has no "standing" to sue.

Third, is this criminal or civil court? What court is it in? It seems that the suit is for an order of protection, which is what I'm assuming is a "petition for peace."

Attorney's fees are rarely awarded and usually only in cases of malicious prosecution or where there is no good faith dispute. It is in the discretion of the court. In fact, you might be able to countersue her. Most important is to see what is alleged in her complaint against you.