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Discussion Starter · #1 ·
Quick question regarding trespass warning came up at work the other day.

Roomate #1 has Convict#1 served with trespass order regarding entering his personal residence. Roomate #2, joint tenant on lease, permits Convict #1 access to the residence while Roomate #1 is not home.

Is convict #1 in violation of trespass order or does he have a legal right to be present if one out of two parties on lease permits access?

Would Convict#1 only be forbidden from accessing those areas of house that are strictly under Roomate #1's sole control (i.e. bedroom) but not the common areas?

I assumed Convict#1 would be good to go, but others feel that you need both parties prohibition for it to be a trespass.

Would appreciate if someone could point me to some caselaw.
 

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Stirrer of the Pot
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If Roommate #1 finds out and calls the police Convict #1 can be arrested for violation of the order if he is still on the property when the police arrive. Roommate #2 may need to find a new place to live if Roommate #1 isn't very happy and may end up being Convict #2 giving the availability for Roommate #3.
 
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I'd apply for a clerk's hearing; minimum liability, and they can't be sued if they make the wrong decision. Too many questions to justify arrest, IMO.
 

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Dealt with something similar to this. Landlord puts a tresspass on a person. Legal tenat lets person in to the apt. Best bet, sumons and let the court deal with it. Not worth locking someone up and having to eat shit if goes bad. I could only see an arrest in either scenerio if the person is in a common area, like the hallway or parking lot. But your still better off summonsing when the scenerio is a muddy one..
 

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Retired Fed, Active Special
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Tried calling you last night, did u get my voicemail?
He's too busy chasin the wife around! his kids are out of the house for a while!
;)
 

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screw you...
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2,692 Posts
Who cares, they're convicts and have lost their rights to police serves. Tell em to stfu and revoke their phone privileges too...
 

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A no trespass order is not a court order like a 209A. It serves as proof that the person who owns/controls the property no longer wants that person on the premises. Where there is a second person with equal control over the premises, I think you would be hard pressed to convict someone of trespassing after being invited by a co-lease holder. The only way I would charge someone in this situation is if the no trespass was ordered by a judge. As mentioned above, if you really care, request a hearing and let the clerk sort it out.
 
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