Expert: Robin Sexton - 6/24/2008

Question
Robin, my son's stepmother has filed a criminal trespassing charge against me for entering their house to look at my son's room - he ws excited about his new room.  My ex (his father) tried to get the new wife to not pursue but I now have court appearance next week.  What will happen?

Answer
Mary Jo,

Criminal trespass is normally a pretty minor issue. Unless it is a frequent occurrence or there are other factors that could push it into a stalking type complaint.  These family issues are messy and unpleasant.  I would suspect fine, warning maybe some type of probation.  Don't do it again.  A lot of this depends on prior problems between you, your ex and his new wife.  If there is no prior problems.  Apologize, advise the court it won't happen again and ask that it be taken under advisement.  This would eliminate any type of record after say -6 months with no problem the court will dismiss the charge.  If there is a prior history you may want to consult an attorney just to see what avenues are open to you locally.

Good luck

Robin