If you ask someone to leave your property and they refuse, can you escort them off of by holding their arms and walking them off?

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If you ask someone to leave your property and they refuse, can you escort them off of by holding their arms and walking them off?

My ex came to my house and started a verbal heated exchange with me. Our daughters were in the house, so I asked her to leave and she refused. She then started yelling at me, so I escorted her off of my property without causing any physical harm. What can I do next to ensure this doesn’t happen again?

Asked on February 23, 2011 under Criminal Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok technically she is trespassing and you should have called the police.  The physical touching is not a good idea even if you did no harm.  She will claim that you did.  So next time if it happens call the police.  Now, to insure that she does not come any where near you and does this you could try and file for a restraining order against her and that might do the trick.  The issue with the kids will have to be worked out, though, as I am sure that you share custody.  So I would speak with an attorney on the matter and see if you have enough for a court to issue one and how you will handle the issue of the kids  Someone may have to be designated to get them and drop them off.  Good luck.


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