If a person has left when police arrive, can they still get a trespassing warrant for that person?

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If a person has left when police arrive, can they still get a trespassing warrant for that person?

I went to someone’s house to talk and their boyfriend assaulted me for no reason and

refused to let me get into my car to leave. I ran on foot and left my car which they then had towed. He also threatened to kill my family and I. What can I do and could I have a warrant?

Asked on December 16, 2016 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The sheriff is wrong, unless *you* threatened him: the law does not let someone assault a non-threatening trespasser--rather, he should have called the police, etc. on you. Similarly, the law does not let him threaten you or your family. Legally, you can file a report and look to press charges for assault and for the threats; note that he may be able to press charges against you for trespassing at the same time. If the officers you have spoken to were not helpful, go over their head, if necessary to the sheriff him/herself. You could also file a lawsuit against your attacker for your medical costs, for "pain and suffering" if you suffered at least some lasting (a few weeks) disability or impairment, for counseling (if you get or need it after this) and for lost wages, if you missed work.


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