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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10018
Experience:  30 years of corporate, litigation and international law
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If there are people that use to go to a church and they havent

Resolved Question:

If there are people that use to go to a church and they haven't been for over 4 months, they give money to the church, but they refuse to follow the rules and regulations of the church, do they have any right to attend the church service? All they do is cause trouble when they are there. Can something like a restraing order be put on them.
Submitted: 4 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 4 years ago.

bizlaw :

A church is a voluntary association and, in most cases, operating on private property. The church has the right to exclude anyone they choose. If the church membership or Trustees decide to exclude a person they can do so and get a restraining order to prevent further attendance.


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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


Customer:

Can they use that they gave money to the church to force their way in?

Customer:

Is there any law that the church can stand on in making this decision?

bizlaw :

The contributions in the past do not give them a right to continue in the church. This arises from the first amendment right to peaceably assemble. There is no statute. The church as an association can choose to exclude a person from both membership in the church and from attending church functions.


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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


Customer:

If they continue to give money to the church that is just their choice but doesn't have any ties to them having to be allowed to have membership or should I refuse the money that they send to the church? They are not coming to the church but they are placing money in the church's account.

bizlaw :

If you do not want them to be part of the church, you cannot continue to accept their money without making clear that they are not welcome at the church and will not be allowed.


If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


Customer:

I don't mind them coming to the church but I just wan them to leave all of the dramma outside of the door. I told them that if they were going to continue to act in this manner that it was best that they didn't come back. They left the church and have been gone for over four months but they continue to place funds in the church account on their own free will.

Customer:

They have been attending another church but they continue to put money in my church account.

bizlaw :

Under those circumstances they continue to be members of the church in the same way any other parishioner is. If that is to change, you have to notify them of that fact. The fact that they are attending another church also does not change that.


If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


Customer:

The church bylaws state that if you don't attend the church in over 90 days and don't have a legitimate excuse such as sickness or out of town that you have to be reinstated as a member.

Customer:

When I told them that if they were going to continue to act up during the church services that it was best to leave the church, they chose to leave the church.

bizlaw :

You can go by your bylaws but I suggest you notify them of their status. Also, can a non member of the church attend the church? If so, they can still come to the church even if they are not a member.


 


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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


Customer:

If they come to the church and cause an uproar, they can be told to remove from the church or removed by the authorities?

bizlaw :

Yes, if they cause an uproar they can be removed and if they refuse by the authorities.


If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


Customer:

So if they put money in the church account, I should send it back to them?

bizlaw :

If you are excluding them from further coming to the church in any capacity as of today yes you should return their money. If you are going to wait to see if they come and they do not cause any problems, then they can continue to come and you do not need to send their money back. I was saying that you should tell them that since they have not been there for four months, their membership is suspended or lost and they have to apply to be reinstated to be a member. If a person can come to the church without being a member, there is no reason to return their money since they could come as a non member and make a contribution.


If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


Customer:

But a non member has no rights to making decisions in the church, correct?

bizlaw :

That is correct, a non member does not participate in church decisions. That is why they should be notified that because of absence they have lost that status and have to apply to be reinstated. However, that is different from preventing them from attending church.


If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


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