Expert: Robin Sexton - 6/14/2008

Question
My ex husband illegally came into my home last night to get his dog.I had been taking care of his dog because he moved.  I had an OFP on him that ran out about three weeks ago.   He drove up on my property with our 11 year old son in the car.  He opened the door of my house and grabbed the dog away and left.  I called the police and he said that he could not arrest him and would have to wait until the next day.  I beleive that he can be arrested for unlawful entry and tresspassing.  Am I right?  Thanks

Answer
Ruth,

If there is no OFP in force that rules that arrest out.  Trespass and Unlawful entry may apply. I suspect the officer may want to have the case reviewed by the prosecutor to see if the prosecutor is willing to proceed.  The entry and trespass was minimal, he was retrieving his property.  The reason for not arresting is that in most states an officer may not arrest someone for a misdemeanor not committed in their presence.  Their are some exceptions though.

Hope this helped a little

Robin