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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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