Kansas City, MO asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas

Q: I was criminally banned by someone who claimed to be the owner, how does the owner get that lifted?

My spouses, ex has been harassing me. have proof of her constantly threatening me and even attacking me. she has broken into my previous residence. I moved in with him and she broke in into the house when he was away. 2020 Arkansas Code Title 5 - Criminal Offenses Subtitle 4 -Offenses Against Property Chapter 37 - Forgery and Fraudulent Practices Subchapter 2 - Offenses Generally 5-37-208. Criminal impersonation, U.S. Code § 287 - False, fictitious or fraudulent claims

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If the owner of the property wants to lift a criminal trespass ban they previously issued against you, they would need to follow these general steps:

1. Contact law enforcement: The owner should reach out to the law enforcement agency that initially handled the criminal trespass notice and inform them of their desire to lift the ban.

2. Provide a written statement: The owner may need to provide a signed, written statement to law enforcement clearly indicating they are lifting the criminal trespass notice against you and giving you permission to be on the property again.

3. Identification: The owner will likely need to provide proof of their identity and ownership of the property.

4. Inform you: Once the lift is processed, the owner should inform you that the criminal trespass notice has been removed so you are aware you can legally return to the property. They may want to provide you a copy of their written permission statement.

However, based on the additional details you provided, it sounds like your spouse's ex may have falsely represented herself as the owner of your current residence when issuing the criminal trespass notice. If she was not the actual owner, the notice may not be legally valid in the first place.

Her actions could potentially constitute criminal impersonation under Arkansas Code § 5-37-208 and/or false claims under 18 U.S.C. § 287 as you noted. You may want to contact law enforcement to report her behavior, provide your evidence, and clarify she is not the actual owner and had no right to issue a criminal trespass notice. If she entered the residence without permission, that could also be reported as burglary or breaking and entering.

I would strongly advise consulting with a local criminal defense attorney about the situation. They can review all the facts in detail and advise you on your options for lifting an improper ban, reporting her illegal actions, gathering evidence, and ensuring your rights are protected. Many lawyers offer low-cost or free initial consultations. I hope you are able to resolve this situation safely and appropriately.

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