Problems with Trespassers
- Thread starter Timm250
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caps
Silver Member
Situations like this are so sad. Years ago I was threatened (phone calls, notes on windshield, calls at work, etc) by the boyfriend of a woman who ran into my parked motorcycle and refused to pay for damage. Three witnesses including an on duty police officer. I was advised by a lawyer friend to go to the police station, act humble, and say that "I am there for advice" and possibly to file charges and/or get a restraining order depending on what they suggest would be the best course of action as my wife and I were "in fear of our lives" and "did not want to have to arm ourselves" for protection or have to resort to "pursuing criminal charges". I had already prepared a chronological narrative of all the threats with the exact comments and threats, dates, times, etc. They had me fill out a complete statement and attach my narrative. Suggested I get a little tape recorder and record all conversations with the boyfriend. I bought a little digital recorder that looked like a pen and kept it in my pocket. They suggested that I go to civil court and file for damages. They also suggested some verbage to use in the filing. They also served the couple with a non-contact order. I got a couple more threatening phone calls and a note on my windshield after that and I dutifully took them to the police station and had them appended to the complaint. We went to court and the judge looked at the notes, listened to the phone call tape, read the police statement and asked a few questions of the defendants. The judge then launched a verbal barrage at the two. Made them pay for the motorcycle, fined them each $200 for my inconvenience. He also demanded that they apologize to my wife and I and state for the record that they would never communicate with either of us again or they would be arrested for contempt of court. He also told them they would go to jail if they caused me any future damage. I did not need a lawyer for small claims court and it only cost about $12 to file the charges. All in all, it was quite easy but the police were quite helpful - I think the key was the seeking advice and being afraid attitude.
brin
Super Member
I am with you....if that happened here in Georgia you would be within your rights to shoot him or any of them if you felt your life or your wife's was in danger....
If you don't want to handle this yourself you might want to retain the services of a councilor who would council these good ole boys of good manners....Just a thought...
creekbend
Super Star Member
You are correct. If the OP wants to pay a lawyer that much, it is up to him. There are some that will say not to do this, but with sufficient times, actions, and all other pertinent info regarding the altercations, one should be able to defend the case in the court system himself. The trespass is a Civil Suit and the Assaults are Criminal. Let the DA handle those that are criminal. I doubt that the Accused are going to fork out $8,000-$10,000 for a lawyer. If it were me, I would go through the court system myself. Even if time didn't permit, I would take vacation days to perform this task. Most certainly cheaper.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.
The above paragraph is taken directly from the Kentuky governments website concerning defending yourself.
My advise is to arm yourself and the next time someone pushes anyone with a motorized vehicle, shoot them, and then call 911. The first words out of your mouth after the shooting should be to the 911 dispatcher stating very clearly..."I felt my life was in danger, and I shot my attacker. Please send an ambulance and police"
The above paragraph is taken directly from the Kentuky governments website concerning defending yourself.
My advise is to arm yourself and the next time someone pushes anyone with a motorized vehicle, shoot them, and then call 911. The first words out of your mouth after the shooting should be to the 911 dispatcher stating very clearly..."I felt my life was in danger, and I shot my attacker. Please send an ambulance and police"
brin
Super Member
:thumbsup: That's exactly what I would do if I was outnumbered and someone was pushing my wife with anything, especially a vehicle of any kind....same law is here in Georgia.
hawkeye08
Elite Member
I am sorry that this happened to you. Try (it is hard) to remain calm and not do something you will regret. I am not saying to play nice and ignore it, just to carefully consider your options and do what is best for you and your family. We are armed and would not tolerate being threatened on our property. If a group that like came at me, I would certainly be fearing for my life and responding appropriately.
jerrybob
Elite Member
I agree......trespassing in one thing.....threatening my family is another. Wouldn't tolerate that for a second. With that said......if you are having it surveyed.....once the markers are in.....have the police verify the locations. Use the camaras....get some witnesses. If they physically threaten you or your family again....you have a right to protect! Good luck!
newbury
Super Star Member
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Get a haircut
Get your oil changed
But do something that will put you in contact with the locals.
It reads like you don't have any "inside" contacts and knowledge of the local scene.
I had a similar situation. The place I bought HAD BEEN a "beer party palace" in a dry county. The local deputy sherrifs would direct traffic for BIG parties thrown by the owner, all totally illegal. Going to the local police with a problem was not going to be productive.
Cue the theme for Deliverance.
Get your oil changed
But do something that will put you in contact with the locals.
It reads like you don't have any "inside" contacts and knowledge of the local scene.
I had a similar situation. The place I bought HAD BEEN a "beer party palace" in a dry county. The local deputy sherrifs would direct traffic for BIG parties thrown by the owner, all totally illegal. Going to the local police with a problem was not going to be productive.
Cue the theme for Deliverance.
dodge man
Super Star Member
First off, don't go shooting anybody unless you really feel like they are going to do you serious physical harm. What you have going on here is a group mentality. As individuals, they would probably seem like OK people, but they get together as a group, add a little booze and/or drugs, and they all get tough.
I agree with getting as much as you can on film and going to the head of the police, and like others have said, tell them you are afraid for your life and your familys. Get this all done in an offical manner, that way if something does happen, they were told about it ahead of time.
Another thing, this problem probably won't go away and don't assume it will.
I agree with getting as much as you can on film and going to the head of the police, and like others have said, tell them you are afraid for your life and your familys. Get this all done in an offical manner, that way if something does happen, they were told about it ahead of time.
Another thing, this problem probably won't go away and don't assume it will.
