Legal Question in Criminal Law in Florida

force someone to leave home

a 19 year old entered home invited by my daughter 18. I, mom, was out of state. My 21 year old came home and called me. I demanded he leave immediately. He knows he is not allowed on our property and was forewarned by police not to step foot on our lawn. My son pushed him because he refused to leave and chased him to his truck and kicked a dent in his door, which I said I would repair. He is charging my son with assault and battery for pushing him. Police say my son was wrong because he was invited, but when he was told by a higher authority to leave, he refused to do so. What rights have my son and I got in this case. I believe I have more authority in demanding him to go than my daughter had in inviting him in, especially after he refused to leave. Please advise, because the 19 year old has not dropped charges yet, even though he said he would.


Asked on 4/14/08, 11:01 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: force someone to leave home

Although you are probably right in that the 19-year-old was trespassing, the law says you may never use physical force to eject a trespasser. The only option is to call the police and have the trespasser arrested. Your son needs a good criminal charges because, based on what you've said, it looks like he could be found guilty.

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Answered on 4/15/08, 10:53 am


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