Trespass order information request.

Discussion in 'Ask A Cop' started by Blink921, Mar 10, 2017.

  1. Blink921

    Blink921 New Member

    My son stays with his mom and husband when he gets out of school until I get out of work to pick him up then he is with me. The mother has no issue with me picking him up at the house but for some reason the husband does. I literally put my son in the car and leave I don't even talk with my sons mother. He recently has gotten angry at his wife and to try and make her mad he is putting a trespass order on me. Why that would make her mad I have no clue but, that is what she has stated. My question is she told me that he put a no trespass order on me but I have not received anything saying that from my mail or physically handed to me, is it still in effect if I have not received anything saying it is?
     
  2. mtc

    mtc High Priestess Staff Member

    If you've received nothing, there's likely nothing. Check with her PD to see if he's filed a complaint, or check the court. If you're in MA you can check to see if there's a complaint filed online now. If not - then he's bullying her and she has more issues.
    If there's an order stating this is how child exchange is done - or if there's an order stating it's "per the will of the parties" then this is the "will of the parties" and it works - then he's got no say.
    Think about what his beef is with you - honestly - think about it... then maybe try to talk to the mother on how to make it better.
    Maybe putting it in a "how can we do this so it's better for your husband" way...

    Most importantly - you don't mention how old the boy is - but make damn sure he's not saying shit to him while he's there.

    I HATE parental alienators !
     
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  3. Bloodhound

    Bloodhound MassCops Member

    There is no such thing as a "No Trespass Order" in Massachusetts, though the term is used a lot, referring to what is essentially a letter of disinvite. It satisfies the "notice" requirement of the trespassing law. Who knows what she is talking about. Hopefully you have a custody agreement in place, if you don't, get one.
     
    Kilvinsky likes this.
  4. Blink921

    Blink921 New Member

    Well she isn't the issue, and we do about a week after he was born, have a custody agreement. We have gone through a lot and no reason to explain here but pretty much he for some reason thinks i'm trying to steal her from him because they are having issues with their own marriage. I talked to the local PD and they said if you didn't sign anything saying you were served there is nothing we can do since its not a restraining order or anything like that. I'm just trying to make sure that i don't get in trouble with the law is all. I honestly think her husband things getting me mad at her is going to help him. But I know its him because she tells me it is and i believe her because she laughs at the stuff he does. Well thank you all for the help.
     
  5. Crazy Otto

    Crazy Otto Working for the clampdown

    Ten bucks says the kid is 25.
     
  6. HistoryHound

    HistoryHound Supporting Member

    It sounds like she's got bigger issues going on with her husband. It might be best for your son for the two of you to come up with another place to do the exchange until things calm down. Is there a family member or friend that could be an intermediary? I only ask to put the idea out there if it isn't already because if his issue is you and her being together for the exchange; then, just changing locations won't help.
     
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  7. mtc

    mtc High Priestess Staff Member

    I worry about what the kid is exposed to in that home..
     
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  8. Javert

    Javert MassCops Member

    Related question: can someone say a shop owner or Police Officer issue a "verbal" (trespassing) order barring someone from a certain location?

    Asking for a friend of course ;)
     
  9. k12kop

    k12kop MassCops Member

    In a word, Yes.
     
  10. Kilvinsky

    Kilvinsky I think, therefore I'll never be promoted.

    Absolutely. It's what brings about many of the arrests us campus guys make. Trespassing for us is what Ch. 90 is for municipal and state cops. State universities have BOTH in their corner. You find a guy you know is no good. You give him a trespass warning. He comes back, which right there is a sign he's up to no good, you can either take him, or just broom him with an additional order (if you're short handed or busy or just too tired to care at that moment.)

    As for Blink921's issue, Yup, hubby sounds like a guy with some issues himself and it sounds like a potentially scary situation. Follow the advice you've been given by others and SOON!
     
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  11. JD02124

    JD02124 Supporting Member

    The old no trespass order ehhhhh? I've worked for private housing development and people that have been trespassed from the property were allowed to go to and from family member's houses no problem, and by trespassed I mean arrested on property doing something illegal unrelated to visiting family members.

    The three ways you can be trespassed are:
    1.Directly (By person in lawful control of property)
    2.Notice (Signs posted "NO TRESPASSING")
    3.Court Order

    Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment.
     
    Last edited: Mar 13, 2017
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  12. Edmizer1

    Edmizer1 Supporting Member

    Be careful of trespass notices and make sure they are valid before making an arrest. I've seen family members in the same house issue these notices to each other and then call the police. We then get the calls: "My wife's name is not on the mortgage so I want you to arrest her for trespassing because she won't leave our house after I gave her a notice". We get variations of this all the time and I've had to put the brakes on some near arrests. An academy instructor once told me, the only person who can order someone out of a place they are (allegedly) living is a judge.

    Cops sometimes overlook the last section of 266/120 "This section shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings."
     
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  13. j809

    j809 Subscribing Member

    Agree Edmizer no trespass on any people that live or lived somewhere or when a landlord and tenant dispute. Thank God the average home in my community is a million dollars and there are not many tenants


    Sent from my iPhone using Tapatalk
     
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  14. felony

    felony MassCops Member

    A letter of disinvite should be mailed to your address via certified mail. A photo copy of the letter of disinvite along with the proof of postage to your address is then usually stored on filed with the PD. This satisfies the notice requirement and provides the PD, with a actual copy of the notice should an arrest need to be made. If you have any questions, ask the local PD in the town where she lives to see if they have a letter on file for you.
     
    Edmizer1 likes this.
  15. Edmizer1

    Edmizer1 Supporting Member

    Interesting this topic is active, for the first time in my career today we had a constable serve an execution notice from a civil judge ordering the resident out of a foreclosed house. The resident refused to leave and the constable called the police. My PD ended up making a trespassing arrest. I've never seen anyone refuse to leave after the court order.
     
  16. JD02124

    JD02124 Supporting Member

    Could have the Constable made the arrest in that situation? Isnt why they have arrest powers? Or am I just completely missing their purpose? Constable served him and then when the guys like nope im not leaving. The Constable dials for someone else to come and take care of the situation… am I alone on this one?
     
  17. Goose

    Goose The list is long but distinguished. Staff Member

    That would be a great way for an eviction to go south. Just because one can, doesn't mean one should.
     
  18. JD02124

    JD02124 Supporting Member

    Same could be said for any arrest. I got it Constable my be alone,unarmed and lack direct contact with the local PD dispatch, but once the calls made and local police arrive wouldn't asking for back up and taking the arrest justify his/her exsistance?
     
  19. Edmizer1

    Edmizer1 Supporting Member

    I completely see what you mean but almost all of the constables are mailmen with a badge. They deliver paperwork and tell the people that the court is ordering them to do something. When something goes south, they are totally unequipped to handle the situation which results in the police being called. If an arrest happens, it gets made and processed by the police. Even though the constable could make the arrest, most of them would not know what to do with an arrestee. With this being said, there are some constables that are pros and can handle almost anything but they are few and far between.
     
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  20. JD02124

    JD02124 Supporting Member

    The ones ive encountered in Dorchester looked squared away and legit and thats half the battle.
     
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  21. Fuzzywuzzy

    Fuzzywuzzy MassCops Member

    "Mailmen with a badge"
    New one to me, but I like it.
     
    Edmizer1 likes this.
  22. Edmizer1

    Edmizer1 Supporting Member

    There are two types of constables in Mass. There are those who can only serve civil process directly on behalf of the city or town government that appoints them and the other type are traditionally appointed constables that can serve all civil process and are bonded. I am one of the two appointed constables in my town and we can only serve process and notices on behalf of the town. We are not bonded. The other constable in my town is an elderly man who is a really nice guy. He puts up elections postings and other routine stuff. I don't do it often, but occasionally I have to serve stuff like eviction notices on behalf of the health department to get squatter heroin addicts out of condemned buildings. I do this while on duty as a police officer but I'm covered as a constable. This type of job would be inappropriate for most constables.
     

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