AboutRobin Sexton Expertise Questions dealing with Police and investigative procedures, criminal investigation for all classifications of crimes, Interview and interrogation techniques, crime scene procedure. Police techniques and procedures. Can not answer specific questions about specific cases.
Experience Member of the Michigan State Police for over 30 years. Over 20 years as a Detective. Conducted numerous investigations from Homicide to dog bite. Internal investigations. Investigations in prison enviorment. Majority of career has been spent in rural areas of Michigan
Education/Credentials Bachelor of Science degree. Long list of professional training
I recently found out that an individual has been on my property (personal residence in NJ). This individual has details concerning some of my personal property which is kept in my back yard. The only way someone would know what I have such as vehicles, equipment, etc. would be for them to walk down my driveway (which is approximately 180 feet long) and walk behind my house. The items in question can not be seen from the street or from either of my neighbors properties. Also, you can not see these items from behind my property has I own a section of woods which is fenced off from public access.
Is this considered trespassing?
The individual who has this information is my girlfriends ex-boyfriend. They haven't been together in over 5 years and I haven't had any problems with him until now. My girlfriend does not live with me but is here most of the time. He has a restraining order against her so she has no contact with him.
Could this be considered stalking? Is there anything I can do?
I have two children and I am in fear that something may happen to them while they're outside playing. I thought they were safe in our yard but now I'm not too sure.
I just want to know what I can do and what rights I have if any before this goes any further.
Thank you for your time. I look forward to your response.
Joseph
ANSWER: Joseph,
I realize how troubling this can be. The answer of course won't be clear as each state interprets the stuff differently. Most jurisdiction require that the offender be advise personally or individually that there were trespassing and if it happens again they will be subject to arrest. I was curious to note the the restraining order is against his ex and not her against him. Stalking usually requires more then one contact and obviously it has to be unwanted and or threatening.
You can discuss it with your local police dept who are familiar with your state laws and local interpretations. You could also obtain a video camera ( relatively inexpensive) to record activity around you home as evidence. Obviously you want to avoid a confrontation if possible. Talk it over with your police department and take their advise.
Good luck
robin
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QUESTION: Thanks for your advice.
Yes, he (the ex-boyfriend) has a restraining order against her (my girlfriend). He did this after she broke up with him. They had an argument and when she was trying to leave he attacked her. She had scratches on her arms and face. The police arrived and wrote a report which clearly states that she was the one with signs of being attacked not him. The report also states that both of them called each other names (the usually offensive language)and he claimed that she told him she was going to kill him. So, after this happened, he went and filed a restraining order stating that he feared for his life and a temporary restraining order was issued. She didn't think a judge would grant a final order so she didn't get a lawyer. Needless to say the judge granted it even though the police report clearly stated she was the one who had physical marks on her. It makes no sense to me but that's what happened. Also, all charges against her were dropped.
Isn't that against her civil rights? I was told by someone that because there were no charges that the final restraining order is against her civil rights. I'm not sure how all of this stuff works in NJ. It's a shame because in the past she wasn't able to get hired by a company because of this bogus restraining order. She needs to get it removed but I don't know how she would go about it. Any advice?
This guy is a little crazy to say the least. I not the type of person to confront someone. I'll keep an eye out and I'll also inform my neighbors. I've been in the house for over 20 years so we're pretty close (like family). I'll also contact the local police department for advice as well. Hopefully, this doesn't go any further.
Answer Joseph,
You have made a lot of right steps. Regarding the protection order, each state is different and the laws can be very confusing. It is also a process that i believe is over used. I suggest contacting a local attorney to determine if some action can be filed to have the order removed. Usually in most areas this action needs to be filed within a few days of the original order being filed with the court. But you can never tell. The initial interview with an attorney is usually free or of modest expense. Save yourself time and money but prepping yourself with all the copies of orders and reports that you have or can get.
