What are my rights if someone trespasses on my property without warning with a hostile attitude.?

Question

I have a 28 yr old family member (sadly) who wants to fight me for something not involving her. she came to my house last night and we almost fought after i told her to leave my house. she came over uninvited and was let in by a house guest of mine. My 2 yr old was also in the midst of all this drama. if she came over again, unannounced, and she got in my face, would i have the right to beat her down with a bat? Of course I would call the police first but shes crazy and i doubt they would make it there in time to settle anything. Please let me know before i go to jail. lol

Answer 1

Stay in the house and call the cops. Once you go outside and confront her, your problems will begin. Remember, don't let her get in your face because then it becomes a she said he said situation and that usually winds up in criminal court.

Answer 2

You are generally only allowed to use force equal to the force being used by the person against you.  If she came at you with her fists, you would be justified to use your fists against her.  If she came at you with a bat, a potentially lethal weapon, you would be justified to threaten or use lethal force.

However, you don't really want to get involved in this type of situation, and your best bet would be to contact the local police and take out a restraining order or an order of protection.

Answer 3

Depending on which state you live in, you can use any type of force to repel an intruder, up to & including lethal force. It's called the "castle doctrine".

Answer 4

Don't use force because you will get in trouble.  Call the police when she comes over unannounced and tell her you are calling the instant she comes over, no sense in you getting in trouble over this.

Answer 5

First, go to the police dept. and get a no trespassing order on her.  She will not be allowed to step foot on your property.  If she does, you can have her arrested.  It's not like a restraining order, it's only for your own home.  

You will want to handle it really carefully in case something comes of it.  Let everyone know she is not allowed in.  If she persists, call the police.  If she is in your house and in your face, do what you can to protect the child.  Warn her to leave and call 911.  If she's in your face, don't put a hand on her.  If she does assault you, human nature will kick in and you can defend yourself.  But, 50 blows to the head may be a little extreme so just enough to stop her.

Answer 6

Go to a magistrate and have a restraining order taken out against this person. Then if the person comes back on your property call 911 for their arrest for violating the order. If this person leaves before law-enforcement arrives go back to the magistrate and swear out a affidavit that they were there. An affidavit is another way of getting a warrant for arrest.  Hope this helped !

Answer 7

well im guessing if you beat her with a bat, you're probably gonna end up in jail, unless you have witnesses who can vouch the it was just self defense. Next time you see her coming unannouced lock your doors and call the cops. Tell them she is harrassing you, verbally abusing you and threatening you and you fear for your life. Then try a restraining order.

Answer 8

Contact your local police dept. and report this incident. Only use force to defend yourself, and only use the force necessary to stop the threat of bodily harm, or you will be in jail.

Answer 9

it all depends in which state you live in. generrally if you live in a blue state (democrat state) than no, you can only defend yourself or child if she physically attacks you first. generally if you live in in a red state ( republican state ) you have the right to make the first move against a potential assailant and most times you are protected by some sort of a "castle act".