Can a trespasser's ''peace'' be ''disturbed?''
An ex-lover came to my house (uninvited) and demanded to speak with my current girlfriend. I refused, and told her to leave. When she refused to leave, I called 911 and repeatedly told her to leave, as the police were on their way.
After 30 minutes, the police still hadn't responded. My ex-girldfriend was causing a scene in my neighborhood (shouting through the closed door and windows), so I made an attempt to remove her from the property. I never struck her, but I did drag her ~14 feet.
She had me arrested for domestic violence, but the criminal complaint is charging me with disturbing the peace -- specifically, ''willfully and maliciously disturbing the peace and quietude of...'' my ex-girlfriend.
I don't understand how someone can disturb the peace of a trespasser. If anything, she disturbed MY peace. Have you ever seen a DA use this tactic before? Any ideas what the DA is trying to do? Any advice on how to argue this?
Asked on 3/17/04, 3:35 am
1 Answer from Attorneys
James Smith
James E. Smith Ltd.
Re: Can a trespasser's ''peace'' be ''disturbed?''
Yes. Just because someone is a trespasser does not mean someone else cannot be disturbing the peace. I would recommend getting an attorney to try to beat the charge. You are lucky you were not charged with domestic violence.
Answered on 3/17/04, 11:23 am
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