If a no trespass order has been issued, can the person that asked for it allow the person against whom it was issued to still enter their property?
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If a no trespass order has been issued, can the person that asked for it allow the person against whom it was issued to still enter their property?
My 19 year-old son is in an abusive relationship with his girlfriend and her family. Last Thursday after a violent episode, with threats they were going to kill him, he came home. A police officer came and issued a no trespass order from the family to us, including our son. We had to take a police officer to get his stuff. However he has since returned to the chaos even with the no trespass order in effect. Can the family have consequences for allowing our son on their property, which in effect is a violation of the order on their part?
Asked on July 15, 2011 under Criminal Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Typically in this country, a judge issues orders regarding trespass and conduct that would not be allowed, not a police officer.
The key to your question is whether there is a court order issued against your son or not and if not, was there an order issued by a police officer and if so, is it legally valid and binding. You need to consult with an attorney familiar with domestic violence in the county and State you live in for an answer to this question.
Any valid restraining order issued against a particular person applies to that person only and no one else mentioned in the order such as the girlfriend's family.
If your son is showing up at the girlfriend's family's home,they do not want him present and he will not leave on his own, the police should be called for his removal immediately. If there is a valid order preventing his presence at that location, he could be found in violation of the order and adverse consequences could result.
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