Her ex breaks in, now what??

[Denny347]

Collect any evidence?

With the people we come into contact with...no way I'm getting close to that.

 

[Bang-bang]

Ok , Why not move/ go away from said moron. Lots of places/centers help ladies that need it. Giving her a gun isn't the best option. Please call the LEO/troopers each time you see this jerk, and they will get tired of dealing with him/it and they will make him go away. File the paper work NOW!

 

[Denny347]

All this may be true and he may have a right to enter the property still but regardless of that fact he does'nt have the right to threaten her with physical violence.

That being said the current boyfriend has to know where he stands and how far he can legally go if the ex-boyfriend has a right to be there as you point out.

He can't just kick his ass or shoot him for entering the premises unless the criteria is met for self defense.

Remember, threats are just words in most cases. Telling someone that you are going to "kick their butt" but do nothing to further said threat is just "words". There are only a few instances where just SAYING something will get you locked up, the rest of the times it's free speech. It's the DOING that gets people in trouble.

 

[Hogwylde]

Remember, threats are just words in most cases. Telling someone that you are going to "kick their butt" but do nothing to further said threat is just "words". There are only a few instances where just SAYING something will get you locked up, the rest of the times it's free speech.............

Really????? Doesn't look like free speech to me.

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(c) "Threat" means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
etc, etc, etc

 

[Kutnupe14]

Really????? Doesn't look like free speech to me.

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(c) "Threat" means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
etc, etc, etc

It needs to be a specific threat to hold any water. For instance, if a person says "I'm going to go home and get my glock 21 and shoot you in the head." That's intimidation. Telling someone one you're going to "kick their butt," is impossible to prosecute. And many times, all the person has to tell police, is "nope, I didn't say that."

As for "free speech," what part of the Constitution has the "threat" exception for the 1st Amendment?

 

[Kutnupe14]

All this may be true and he may have a right to enter the property still but regardless of that fact he does'nt have the right to threaten her with physical violence.

That being said the current boyfriend has to know where he stands and how far he can legally go if the ex-boyfriend has a right to be there as you point out.

He can't just kick his ass or shoot him for entering the premises unless the criteria is met for self defense.

I agree in full.

 

[Denny347]

Really????? Doesn't look like free speech to me.

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(c) "Threat" means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
etc, etc, etc

Don't forget the yellow area. Those are specific conditions that must be met for this charge to work. Ex: Suspect says, "I'm going to kill you for calling 911." Threat made in retaliation to a prior lawful act.
Ex: Suspect says, "Do XYZ or I will kill you." Another snag, I do not think this is a misdemeanor exception. This is unlikely to be an outrightable offense.

 

[IndyDave1776]

Don't forget the yellow area. Those are specific conditions that must be met for this charge to work. Ex: Suspect says, "I'm going to kill you for calling 911." Threat made in retaliation to a prior lawful act.
Ex: Suspect says, "Do XYZ or I will kill you." Another snag, I do not think this is a misdemeanor exception. This is unlikely to be an outrightable offense.

Since it is qualified with the reference to prior lawful action, does this mean that telling some POS that you are going to tie his ankles to the back bumper and then drive to Miami for molesting your niece not count as a threat subject to legal action?

 

[trapperDave]

Since it is qualified with the reference to prior lawful action, does this mean that telling some POS that you are going to tie his ankles to the back bumper and then drive to Miami for molesting your niece not count as a threat subject to legal action?

why waste time n words, just do it

 

[Denny347]

Since it is qualified with the reference to prior lawful action, does this mean that telling some POS that you are going to tie his ankles to the back bumper and then drive to Miami for molesting your niece not count as a threat subject to legal action?

 

[IndyDave1776]

why waste time n words, just do it

Just a hypothetical to address a question. Of course, in practice, I am with you here!

 

[daddymikey1975]

If his name is on the mortgage or lease, then he has a 'legal' right to be there. (notwithstanding a protective order to the contrary).

As has been mentioned, give him all hist stuff, change locks, get with the landlord and have him removed from the lease, protective order and if he shows up, get him for trespassing.

Also, tread lightly ...

 

[GLOCKMAN23C]

I had one where Mr. Drunkandstupid was mad at his wife because she shaved her vajayjay....

My thoughts exactly.....ummmmm wow.

 

[techres]

My thoughts exactly.....ummmmm wow.

He probably assumed she did it for someone else, not him.

 

[lrahm]

let him have his stuff, this way he has no reason to return. change the locks. get a protective order.

Best idea yet. Is she feeding the frenzy or holding on by not getting the property to him. I have seen this hundreds of times before. She wants him out of her life but.... Let him go, and then if he continues envoke a PO. Call a mutual friend with a list of the property and have the friend come over.

 

[Mike.B]

After reading all of this , I'm soooo happy to be an old married fart...
'dem young b***hes be crazy !..
.

I agree, the current dating scene is just plain crazy.

There has been some really good advice given here. Documentation, new locks and a restraining order is a great start.