homeowner's rights vs an intruder

[kamari]

I know there are several members here who are in the law enforcement area, and was wondering what their take on this situation would be)

I was a witness to a bizarre incident yesterday morning when an ex girlfriend of my roommate showed up at our door wanting to know who the lady was that he had in his room. She went inside the lady's car and went thru her personal belongings and wrote down her name and address. He went outside to talk to the girl and she burst her way into the house to try to get at the girl. She was grabbed and shoved out the door. As he was outside apologizing to the neighbors for the very early and very loud incident she then burst back into the house again and like a track star actually made it up to his room to confront this lady. In the process he grabbed her (causing a bruise on her arm) and dragged her out of the house. She wouldn't let the lady leave the house, blocking her car in the driveway. I talked him out of calling the cops because my logic said the thought of her going to jail for something so silly would have sat on his mind for a long time. Plus even though there were 3 witnesses in the house to what happened, there was the possibility of him actually going down because of her bruise, but that was from him restraining her inside the house from getting to his guest. She's threatening him this morning with pics of the bruises and i feel like this is sort of blackmale and its probably pissin me off more than it is him.

we've been online trying to figure out what a homeowner's rights are when confronted with a female intruder but we can't find any. Anybody know how this plays out???

[Champuu]

dunno the law....but sounds like your friend made a good call on dumping crazy chick :)

...good luck

[babybluetx23]

Im with joanna, I dont know the law, but If I were you or your friend I would at the VERY least get a police report. Red flags go up for me with the bruise on her. If she goes to the cops and tells them he did that to her and he tries to defend himself saying he did it to keep her from hurting his guest or himself I have a funny feeling the cops are going to ask why he didnt report this earlier if that were the case.....and then look at him suspicous. see what Im saying? Just my 2 cents.

[Paulo]

Hi Kamari. What a crazy situation. I hope your friend works it out. I'm NOT a peace officer or attorney but I worked Criminal Intake Division for the Harris County District Attorney's office for 3 years. My job was to process charges filed by the peace officer and accepted by the Assistant District Attorney into system. From what I saw over the years, it's really helps to be the FIRST to file the complaint and have charges accepted by the peace officer & District Attorney. Waiting around to see what the other will do hardly ever works out. Then they question WHY one waited so long to report the incident to begin with. Obviously extremely important now that the bruised girl is threatening to file. Even though she says she has photos, she still hasn't filed anything and your friend has witness...neighbors and people inside the house. But your friend needs to report it. Law is generally the law, but when it's one word against the other (no offense) the court will generally side with the female on assault related incidents. Write down the time line, phrases used, witness information from the beginning of the incident to the excalation to her departure.

I'm sure the peace officer/attorney forum members can provide you with much more accurate detail.

[dreemes]

How much would it be on your roomies mind if his ex did something later to bring harm, or death, to the current because he didn't report it?

[Toad]

Texas Penal Code
§ 9.41. Protection of One's Own Property
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

§ 9.42. Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

§ 9.43. Protection of Third Person's Property
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

Know your rights, I always say.

Toad

[suzyjazz]

In my opinion people who forcibly intrude on your property SHOULD have zero rights while there even if a giant anvil falls on their head and kills them. My opinion means squat, but it felt good to say it!

From Todd's post, it looks like the bruised girl doesn't have a case. I think the others have a point that if psycho-girl wants to stir up trouble, authorities might wonder why he didn't say anything. I'm sure she'd scare off once she knew he filed a report of his own. Unless she is REALLY crazy....

[Night Owl]

The police should have been called. I see this sort of thing from time to time (though not typically to that extent) and things only snowball when one party realizes their actions bear no consequences. With the police there, a criminal trespass warning can be given, meaning that if she comes on the property again, she can go to jail for a Class B misdemeanor. Not to mention that someone acting that irrationally might be just irrational enough to bring a weapon.

Next time, call the fuzz as soon as a problem pops up.

[JohnT]

Originally Posted by Champuu

dunno the law....but sounds like your friend made a good call on dumping crazy chick :)

...good luck

I heard a great line in CSI Miami the other night: "You love crazy till crazy loves you."

[TxDavid]

He needs to report this. She's going to be back -heck she came back the next day. Pretty soon your friend is going to be saying, "I should have done something sooner". Don't let it get to that - he needs to do something now - especially since she is threatening him.

[SaundraU]

No offense Kamari but I don't think you did your roomie any favors by not calling immediately to many crazies in this world now a days to play nice with them. Now all they will probably do is file a report based on what he tells them. At the time she could have had the criminal tresspass, assault against her possibly.

[pziasd]

You guys should have called the cops the moment she showed up on your property...the next time...don't waste time...call the cops.

[scott1120]

If the bruises on her arm is what is keeping your friend from filing a police report, then take an attorney with you.

[jdlaing]

Make a police report FIRST.
Second......get a TRO (Temporary Restraining Order) or take out a Peace Bond.
This prevents any further contact.

I shall forgo the third option......

[Steelsun]

Maybe a visit from the police is what she needs to make her realize she's an EX and shouldn't be there.