Can I call the cops on my sister’s ex-boyfriend for trespassing?

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Can I call the cops on my sister’s ex-boyfriend for trespassing?

Long story short, me and my siblings live in our mother’s house. Both of my
younger siblings have expressed their concern about him because he use’d
to live with us and every night him and my sister would fight. He broke my
windshield in my car over the summer when my sister broke up with him
because he was drunk. My mother feels like she has no say in the situation
because ‘it’s not my ex-boyfriend’. She invites him over sometimes when my
mom is asleep because she still likes him. I am fed up with him and do not
feel safe with him in our house. What can I do?

Asked on September 27, 2016 under Criminal Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Trespass is the volitional entry onto the land of another without CONSENT or legal privilege.
There is no case for trespass because the ex-boyfriend has the consent of your sister to enter the home. As long as your sister invites him into the home, he has her consent to enter and there is no trespass.
Since your mother is the homeowner, she could prevent him from entering the home.


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