What is domestic criminal trespass?
Domestic criminal trespass means entering the home of your current or former spouse after you have been lawfully prohibited from doing so.
In order for you to be charged with a domestic criminal trespass, there must be proof that you do not live with the person bringing the complaint, such as:
- A judicial order of separation
- Evidence that you and the accuser agreed to live apart
- A court order directing that you stay away from the home
- Other evidence that you live separately from the accuser
If even one of these can be proven and you enter your former home without permission, you can be charged with a number of crimes, trespass being the least of them. If you take a weapon with you, you can be charged with a felony.
Our firm can evaluate the merits of the case against you to verify whether the charges can be proven. There are also valid defenses that may be presented on your behalf if they apply.
For example, you went to the house to visit your children as provided for in your divorce or separation agreement and your ex, is trying to improperly claim you were there unlawfully…
Domestic violence charges are serious offenses and you need the advice of a knowledgeable and experienced criminal defense attorney, if you are booked with one.