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trespassing

Discussion in 'Divorce, Separation, Annulment' started by bdavis, Aug 5, 2001.

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  1. bdavis

    bdavis Law Topic Starter New Member

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    My wife and I have seperated and she has my two sons. She moved out of the house about four weeks ago. The fisrt weekend she moved out, I got to see my kids. But I haven't seen them in three weeks. A week ago I went to talk to my wife and she would not talk to me. She and her boyfriend called the cops on me. She told the deputy that she had a restraining order against me. She had papers printed up for the courts, but the papers were not "legal" yet. Well I left before the officers got there, but I drove back by her place where she was staying and the officers seen me. They to off after me and arrested me for "breaking a restraining order" (which did not exsist-legally), but that wouldn't hold up in court. So then they turned it around on me and said they arrested me for trespassing.
    My question to you is: Can they arrest me for trespassing, if I left the property and then one and a half hours later, drive back by the property? The officer told me, a week later, that he arrested me because of the trespassing and not the restraining order(which was a lie). The officer told me, that the charge was trespassing because of "freshness". WHAT IS FRESHNESS???
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I've never heard of the term "freshness" before. Perhaps the officer is trying to say that when you entered the first time you were accused of failing to adhere to a restraining order and were told to leave the premises. But since an hour and a half passed and then you entered the premises a second time after receiving warning the first time, the second time you entered was a "fresh" event, a new event that was not connected to the first event as though it was a continuation of the same event. The officer is saying you entered, had warning to leave, and then later returned and entered the premises without permission of the owner.

    What I'm confused about is that the second time you came back you imply that you drove by her place and did not enter. If this is the case, then I would argue that the officer could not arrest you for trespassing since you never entered the premises and were merely on public property.
     

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