Dangerous Studs and Improper Fences #2

Discussion in 'Horse Chat' started by QuarterHorseMomma, Dec 18, 2016.

  1. bellalou

    bellalou Senior Member

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    Trespass is a civil matter not a criminal one. And animal ordinances are almost always civil as well. It's another reason to engage a lawyer honestly so all the bases are covered. For instance its possible you'd have a case for some other charge for the damage to your gate. Or a nuisance charge. I'd seriously at least get a consult with a lawyer.
     
  2. Alsosusieq2

    Alsosusieq2 Senior Member

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    You've got a valid point. Damage to property, wouldn't that fall into this? I don't know if it would. Criminal damage to property, I just don't know but someone dismantling a gate and damaging it and tresspass - wth.
     
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  3. BluemoonOKy

    BluemoonOKy Senior Member

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    [QUOTE="bellalou, post: 8056251, member: 81222"]Trespass is a civil matter not a criminal one. And animal ordinances are almost always civil as well. It's another reason to engage a lawyer honestly so all the bases are covered. For instance its possible you'd have a case for some other charge for the damage to your gate. Or a nuisance charge. I'd seriously at least get a consult with a lawyer.[/QUOTE]
    To the bold. This is not true. There are BOTH civil and Criminal trespassing laws. Aren't you going to be a lawyer?
     
  4. bellalou

    bellalou Senior Member

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    Yes. I am. Not one yet though. Are you?

    Criminal trespass is when someone comes onto your land and refuses to leave. Different than this. I know because I've worked with clients who have been charged with it. Usually homeless people actually.

    Simple trespass- accessing someone else's land without permission- is a tort. A civil matter. And distinctions like that are what make it important to hire a lawyer rather than a yoga instructor when you have a legal problem.
     
  5. BluemoonOKy

    BluemoonOKy Senior Member

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    Aww. I know, yoga teachers couldn't possibly know anything, :rolleyes:

    I'm pretty sure here in ky, that it's called criminal trespassing first degree (eta...maybe it's 3rd degree) . Especially since there is a fence, and it is a clear boundary. It's not just a building covered by the statute in my state, but premises.
    Kentucky Revised Statutes - Chapter 511
    Perhaps you can enlighten me, oh possible future lawyer. Also, if op told trespasser prior, wouldnt that also qualify as criminal because they came onto her property again?
     
    Last edited: Dec 19, 2016
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  6. Alsosusieq2

    Alsosusieq2 Senior Member

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    That's kind of what I was thinking but shoot fire, I'm forty plus years rusty. Idk, but get a consult asap as this is going the wrong way on the escalator of life.
     
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  7. manesntails

    manesntails Senior Member

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    Hold up. If you are taking this to court, the very LAST thing you should be doing is putting it allllll out on a bulletin board. You obviously haven't had any good legal advice on this as of yet.
     
  8. bellalou

    bellalou Senior Member

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    I'm sure yoga instructors know a heck of a lot more about the human body and yoga than I ever will. And while I admit that was snarky, it was prompted by this -

    which was pretty snarky in itself.

    However, the statute you linked reads -

    A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling.

    No dwelling here. Dwelling is in fact a home or a place where people normally sleep at night. A fence may delineate a curtilage (look it up, I'm not here to educate you) but it does not constitute a dwelling.

    It's ironic that as a law student I could be held ethically accountable for offering legal advice (which I am not doing here - I am trying to point out that hiring a lawyer is a good thing and offering a couple of easily accessible definitions) but anyone off the street can offer incorrect legal advice that could cost the person who listens dearly without fear of penalty.

    So no, short answer is you are wrong about the statute and prior advisement would also not make it criminal unless the homeowner obtained a restraining order. It would simply be civil trespass with prior notice.
     
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  9. BluemoonOKy

    BluemoonOKy Senior Member

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    "Ky 511.080
    511.080 Criminal trespass in the third degree.
    (1) A person is guilty of criminal trespass in the third degree when he knowingly enters
    or remains unlawfully in or upon premises.
    (2) Criminal trespass in the third degree is a violation.
    Effective: January 1, 1975
    History: Created 1974 Ky. Acts ch. 406, sec. 103, effective January 1, 1975."

    But you know, I'm just a lowly yoga instructor.
    Seriously, though, I am an informed land and home owner. I know my rights. We don't play out here in the country, especially during hunting season. We have a stand your ground law here too.
    So, third degree criminal trespass since he knowingly entered unlawfully. But, this is why it's important to know the laws in your state.
    @bellalou I know you're gonna be a great lawyer.
     
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  10. bellalou

    bellalou Senior Member

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    Ah, didn't read that one. But the fact remains that it makes far more sense to pursue as a civil matter because a violation is a minor criminal matter that can only be punished by a fine to the court. Where a civil case can result in money damages for the landowner. So rather than pursue something that isn't really going to either solve the problem or recoup the owner, it makes more sense to pursue a civil matter. Especially since this sounds like a toxic neighbor.

    Why thank you! I hope so.
     

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