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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33075
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Dwayne. I recently went through a divorce. The former marital

Customer Question

Hi Dwayne. I recently went through a divorce. The former marital house is up for sale but the house is still in my name. My husband brings his girlfriend to the house. In our agreement, she was not allowed to move in. However I just discovered that she parks her car in a different neighborhood and has my ex husband pick her up and stays. I am not sure if she is living in the house but my stuff is still there. If I call the homeowners association and tell them that her car has been trespassing, is that considered harrassment. Can she be charged with trespassing?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hi and thanks for asking for me. I was just about to go offline for couple of hours when your question came in so I wanted to provide an answer and then let you know I'll be back later this evening if you have any follow ups. If I call the homeowners association and tell them that her car has been trespassing, is that considered harrassment(?) It almost certainly wouldn't be considered harassment under criminal law but if there is a court order in place against harassment then it would likely be considered a violation of that. The reason is that the criminal laws against harassment aren't as narrowly focused as a specific court order. Can she be charged with trespassing? Extremely unlikely if she is there with your husband's permission. Under the criminal trespass laws anyone with any ownership or possessory interest in the property can give permission to visit or be on the property and thus she wouldn't be there without permission. If there is a court order preventing her from staying there then the best step is to hire a private investigator to watch and log her visits so that you have a record of the times she is there as well as a "disinterested witness" that can provide evidence to the court. This may be enough to have your husband found in contempt although that will depend on the exact wording of the order.
Customer: replied 1 year ago.
Actually, she is trespassing in a different development. She's not parking where my former marital home is. It's the condo complex about 0.5 miles away.
Customer: replied 1 year ago.
Is that considered trespassing? I don't own a house in the condo complex but she is parking there.
Expert:  Dwayne B. replied 1 year ago.
It depends on the condo complex's position. You wouldn't be able to file charges since you don't have an ownership interest in the parking area of the condo complex. It is at least possible that she could be but I've never seen anyone actually charged with trespassing for parking their car someplace like a condo complex or an apartment unit. I've seen cars towed but no charges filed. It's not trespassing in an open area where delivery drivers go, etc. i\until you are told not to be there. The condo complex could issue her a warning and then if she parked there again or went there then she would definitely be trespassing.
Expert:  Dwayne B. replied 1 year ago.
But it requires action on their part since it is their property.