Rockville, MD asked in Criminal Law for Maryland

Q: CAN THIS TRESPASS LAW IN ART. SIX, SUBTITLE 4 APPLY TO THE VISITING FAMILY OF ASSISTED LIVING RESIDENTS

OWNER OF ALF CALLED POLICE WHO ISSUED A WRITTEN WARNING TO DAUGHTER OF A RESIDNET

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2 Lawyer Answers
Scott Scherr
Scott Scherr
Answered
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: The owner of the property can issue a warning that someone is not allowed on the property. If she comes on the property, she can be charged with trespass. It does not matter that it is the daughter of a resident.

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: People do not get trespass notices out of the blue. There's usually a reason, something the person did to get ordered off of the property and told not to return. You are not explaining what the person did to get themselves banned from the property. The assisted living facility has every right to order an unruly, disruptive, assaultive or peace-disturbing person from the premises (I do not now whether the family member is guilty of any of these things, but you have provided no facts which led to their being banned). The facility needs to protect all residents and maintain order and safety for everyone on the premises. If the person wants to be let back onto the premises to visit their relative, they will need to peacably and calmy attempt to resolve the issue with the facility management, if that is possible. It may be better for that person to retain a lawyer to call the facility and act as a go-between to negotiate a resolution to the issue. Being a relative to a resident does not give anyone a free pass to act out in any fashion they choose that disrupts the other residents in the facility.

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