Full question:
My two daughters and 2 neighbors have come into my home when I was not here for the purpose of filing paperwork to take my property from me. What can I do to protect myself and establish legal no trespassing? Please advise ASAP as they may attempt to gain entry again soon and did file a police complaint about health and safety that I have purchased a copy.
- Category: Restraining Order
- Date:
- State: Michigan
Answer:
I am unsure of how access was gained. If a key was used, it may be possible to change the locks if the persons involved have no ownership rights to the property. Breaking and entering is the crime of entering a residence or other enclosed property without authorization and some element of force. If there is intent to commit a crime, this is burglary. Without an intent to commit a crime, breaking and entering by itself usually carries a charge of the crime of trespass.
A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.
A hearing is typically held in which the person requesting the restraining order must prove their need for the order by the greater weight of the evidence. The person sought to be restrained (defendant) may present evidence to counter the allegations made. A motion may also be made to modify the terms of a restraining order that has been issued. I suggest contacting a local attorney who can review all of the facts and documents involved.
Please see the following Michigan statute:
750.552 Trespass upon lands or premises of another; violation; penalty.
Sec. 552.
(1) A person shall not do any of the following:
(a) Enter the lands or premises of another without lawful authority
after having been forbidden so to do by the owner or occupant or the
agent of the owner or occupant.
(b) Remain without lawful authority on the land or premises of
another after being notified to depart by the owner or occupant or
the agent of the owner or occupant.
(c) Enter or remain without lawful authority on fenced or posted farm
property of another person without the consent of the owner or his or her
lessee or agent. A request to leave the premises is not a necessary
element for a violation of this subdivision. This subdivision does not
apply to a person who is in the process of attempting, by the most direct
route, to contact the owner or his or her lessee or agent to request
consent.
(2) A person who violates subsection (1) is guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than 30 days or
by a fine of not more than $250.00, or both.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
