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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32343
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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The police Gave my boyfriend a criminal trespass at our home

Customer Question

The police Gave my boyfriend a criminal trespass at our home how can I get it removed so he can come and visit our children
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Texas and a month ago
JA: Have you talked to a lawyer yet?
Customer: No don't have obe One
JA: Anything else you think the lawyer should know?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Since the police gave him the warning you can't get it "removed". However, you can get a local lawyer to contact the police and send them a letter stating that he has you, the landowner's, permission to visit the property.

The lawyer will phrase it in such a way that the police will contact him and let hi know if they are going to take the position they will enforce the criminal trespass issue and, if so, then the lawyer will discuss your next moves.

While he can come there just based on your telling him he can, he still stands a risk of being arrested. I don't think they could convict him but he would have to go to jail, bond out, pay a lawyer, etc. whereas if you just hire the lawyer to write the letter now the cost would be minimal.

You can read the actual statute (30.05) at http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.30.htm

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.