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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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I want to know my legal right to use (appropriate, non-lethal)

Resolved Question:

I want to know my legal right to use (appropriate, non-lethal) force if I discover someone in my home who I have forbidden to be there, in order to expel him. However, it is a guy my wife had an affair with, so she may be fine with him in the house and have actually let him in. My wife and I both own the house together.

And separate from using force to expel him, do I have the right to unilaterally forbid entry to my home and press charges if he enters - or does my wife have the right to supersede my wishes as a co-owner and allow him entry?

Finally, if my wife and I create an affidavit where we both agree to bar entry to this individual, and he is made aware of this, and she later surreptitiously allows him in, then do I have the right to press charges against him?

This is in the state of Texas.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  lwpat replied 7 years ago.
Subscription customers. An ACCEPT is credited to me but you are not charged. Followup questions WILL be answered if my first answer is acceptable.

Are you residing in the house?
Customer: replied 7 years ago.
yes. both myself and my wife.
Expert:  lwpat replied 7 years ago.
This is more of a relationship question than a legal one. You can have him put on "trespass notice". However, if she allows him in the house, then it would not be trespassing. The police do not like to get involved in these situations and probably will not intervene and leave it up to the three of you to settle the situation. I would do the notice in case there is trouble.
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