Can one spouse be tried and convicted for going onto the other spouse’s property?

A friend was arrested, and charges are pending, because he went to his wife’s home after she had surgery to find out how she was. Her daughter shoved my friend and he called the law. The police officer came out to the residence and talked to the daughter, and she said he was trying to break in the house. This man, is 75 years old. I doubt he is capable of breaking into a home with people in the house. He was very concerned about his wife and was trying to find out how she was doing after breast cancer surgery.

Asked on July 31, 2012 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. It is entirely possible that one spouse can be arrested, tried and convicted for entering onto his or her spouse's property.

The problem from the district attorney's perspective concerning the facts of your question is that if the husband and wife are not separated, get along and there are no prior incidents of violence between them it seems improper to make a big deal about the incident from a legal and factual perspective.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.