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

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.

1 user found this answer helpful

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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.