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Ray, Lawyer
Category: Legal
Satisfied Customers: 42834
Experience:  30 years in civil, probate, real estate, elder law
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If an employeeoyee sue me can I restrict them from my

Customer Question

If an employeeoyee sue me can I restrict them from my property
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas. I do not want future problems.
JA: Has anything been filed or reported?
Customer: Just settled a law suit for $17,000.00.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is all that I want to know.
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.

Yes you are able to ask the person to leave and then call the police and file trespass here.You always have right to ask someone to leave your property and to enforce it with law enforcement if you need to do so.

Class C Tresspassing

The lowest criminal trespassing offense is Class C misdemeanor trespassing. This occurs when an individual trespasses on a property when he or she had notice that entering was prohibited or was told to leave but refused to do so. According to the Texas Penal Code, section 30.05, entry is defined as the entering of the entire body. A person cannot be charged for trespassing if he or she only was partly on or in a prohibited area. A class C misdemeanor trespassing has no malice or intent to cause harm, and it deals only with land trespassing. In Texas, these offenses normally occur by hunters, especially when retrieving an injured or dead animal from another’s property. The penalty of a Class C misdemeanor is only punishable by a fine not to exceed $500.

Class B Trespassing

A Class B misdemeanor trespassing occurs when an individual trespasses in a personal residence or shelter site such as a homeless shelter or battered women’s shelter. The trespasser had to know that trespassing was forbidden. In this case, the penalties increase because the charge increases. According to the Texas Penal Code Section 12.22 states a person convicted of a Class B misdemeanor can face up to 180 days in jail and a fine not to exceed $2,000. The exact imprisonment time and fine is up to the judge to determine. Individuals without any criminal history can receive a reduced sentence.

Class A Trespassing

A Class A misdemeanor trespassing offense occurs when an individual enters a residence, shelter site or Superfund Site (any place listed on the National Priorities List) with a deadly weapon. A deadly weapon can range from a baseball bat, knife or a gun. Other objects can be viewed as a deadly weapon, such as a blunt object; however, this is up to the prosecutor to determine that fact. The penalty for this offense is a fine not to exceed $4,000 and/or a jail sentence not to exceed a year.

These are all possible if the person fails to leave upon request.You have to have control on your property and keep others off of it.

I appreciate the chance to help you tonight.Thanks again and the best.

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