Leesburg, VA asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia

Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near her property. I ripped up the trespassing notice and threw it at her front door of the place she lives. What legal actions can she take against me?

2 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look into getting a protective order against you.

Kelly L. Vasta
Kelly L. Vasta
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: I am sorry to hear you are going through this experience with your mom. If a person provides notice to another that they are not allowed on private property, and the notice is disregarded, then the propery owner/lessee can take out trespessing charges. Trespassing is a Class 1 Misdemeanor in Virginia and the legal ramifications can be up to 12 months in jail and/or a fine up to $2,500.00. Please consult an attorney experienced in criminal defense in Virginia.

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