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I have a criminal trespassing order on my neighbor. If

neighbor shoots and kills my...
I have a criminal trespassing order on my neighbor. If neighbor shoots and kills my dog while it's on neighbor's property and then carries the dead dog over to my property, placing it on my driveway, isn't this considered trespassing?If yes then do I need video evidence of the neighbor putting the dead dog in my driveway to press charges of trespassing?
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Answered in 3 minutes by:
8/29/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Good afternoon,

Very sorry to hear about your dog. It could be trespass, if they had notice that they were not to come onto your property (e.g. there was a no trespass sign or you previously had told your neighbor to stay off your property). Here is the Texas code in part:

Penal Code § 30.05. Criminal Trespass.

(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

(b) For purposes of this section:
(1) “Entry” means the intrusion of the entire body.
(2) “Notice” means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.

Video evidence isn't required by statute, but it can be helpful because otherwise it becomes your word versus his. Another form of evidence you could use would be witness testimony -if a neighbor saw him on your property that could also be used.

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Customer reply replied 5 months ago
It was a court ordered criminal trespassing notice and also in a separate warning letter from the DA.In the police report he admits to putting the dog in our driveway. How can this not be trespassing?

Ah, well that's different. If he has a court order not to trespass and admits to entering your property --even just your driveway, then yes, that's a trespass.

RobertJDFL
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Customer reply replied 5 months ago
Well no charges were made by the DA at the time. Now I am in a Civil lawsuit with this neighbor. Is it possible to pursue criminal charges for trespassing if I prove he is guilty in the civil case? And what is the procedure for pursuing the criminal charges if it is possible?

The evidence of prior proceeding can be used. However, just wining the case in civil court does not mean that they would meet the standard used in a criminal proceeding as the standards of proof are different, so a favorable verdict cannot be used.

A private citizen cannot press criminal charges. Only the prosecutor's office can do that. You could file a police report and the police can investigate and arrest or cite your neighbor if they find probable cause, and the results of any investigation are forwarded to the prosecutor's office to make a decision whether to bring charges or not.

To be found guilty of criminal trespass, a prosecutor has to be able to show that a person entered property knowing either that 1) they had notice that entry onto the property was forbidden or 2) they received notice to depart and failed to do so (e.g., you see them standing in your driveway and tell them to get off your property and they refuse).

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