Trespass law Question

[Comp]

Trespass Law Question:

Due to loosing my job. I have been staying with a friend of the family for a few weeks. I hope to only be here until I get on my feet again(maybe a month.) I am also having an issue with a family member who is not in the best of mental health. The said family member use to show up and harass me while armed.

The place I am staying at I do not own. Normally the land owner and myself are there are different times. The said family member has show up here twice now. Monday night being the last.

I am wondering, as I do no own the property and the owner not being home. Am I able to call the cops with a trespass and will it stick in court?

Does the person pressing charges on a criminal trespass have to own the property in order for a trespass to stick or would I just have to prove I am taking up residence?

I don't want to have to do this but....... I feel it is a good first step before a protective order which I really really don't want to do. I'm not for taking anyone's LTCH away and from my understanding a protective order voids a LTCH. I just hope a trespass will nip it in the butt, so to speak.

Thank you for the advice brothers and sister of INGO.

 

[Comp]

Oh crap, I'm an idiot. Could one of the mods change the title to : Trespass law question. I can't believe I spell that bad

 

[Eddie]

If you are there and the owner isn't you can still call the police and ask that the other person be removed, especially if you currently live there and the other person doesn't. A tresspass charge will only stick if the property owner doesn't want that person to be there. You should have the owner draft a letter that they don't want that person on their property and leave it in the home with you so that you can show it to the police if you have to call. Otherwise, if the person who is harassing you has the permission of the owner to be there on the property you probably can't get them arrested for tresspass. In any event, the police's first response will probably just be to warn the guy to leave. If he leaves on the first call they probably won't charge him with tresspass.

 

[Bunnykid68]

Mental health issues are one of the few reasons some people should not be allowed to carry firearms. You cannot worry about his right to carry, you have to worry about the safety of yourself and more importantly of the people that are helping you out in a time of need. Call the police or sheriff and simply let them know there is someone on said property that should not be there. Worry about the ramifications later. Just my opinion.

 

[public servant]

A mentally ill subject with a gun is harassing you and you're worried if he keeps his LTCH? Petition the court for the protective order today.

Protective Orders

Indiana Protection Order Forms

Have the property owner call local law enforcement and explain he doesn't want this individual there.

Please outline what this person does when he shows up?

 

[IndyMonkey]

I dont believe it matters if you own it or not as it is now considered your home.

 

[jmildoc]

I would call the cops the moment he shows up!! Its either that or someone is going to end up getting more hurt than just getting a LTCH taken away!

Shoot him in the leg!!!!!!
Just Kidding...

 

[Frank_N_Stein]

IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;


I snipped most of the statute that isn't relevant to your situation. If you look at the parts I put in bold text, you will see that you are an agent of the owner of the home because he/she is allowing you to live there. You have the legal standing to tell someone to leave, and you have the right to call the police to have them assist you. At least that is the way I understand the statute.

 

[Bill of Rights]

Oh crap, I'm an idiot. Could one of the mods change the title to : Trespass law question. I can't believe I spell that bad

I don't see any misspelling....

 

[christman]

Monkey and Frankenstein are right. Now that you reside there, the court will deem you an occupier or "agent." Get a protective order now, and mention the mental problems and they can actually order him to have an evaluation to see if he should continues to carry or even own any weapons, under a few new laws. He will probably get super pissed at you for this so it is a double edged sword I guess. But at least it will give you a reason to shoot him now. :-)