Is this a warrant?what do you think is going on? help please?

gunsandammoatwork

Curfo basically has it. What the police will do is file the report with the DA's office and request a warrant. Depending on the DA's case load, the warrant can take several weeks to be issued.

Curfo

It's called "trespassing". If you are told by the police or a property owner to leave the property and don't come back, you can be arrested. Did they charge you with trespass? Hard to tell.

If you really want to find out, go to the sheriff's (police) office and ask. Don't call them.

The citation is only issued when a police officer has you, but does not take you to jail. They give you a ticket and you are told to appear or you will be summonsed to court.

Charges can be filed without a citation. The owners can complain to the police, who then get the charges started.

Hector

Sounds like you're being charged with Trespassing. They don't have to issue a citation if you're simply being warned to stay off their property. Once you've been given verbal warning, it's done. To top it all off, they warned you in front of the Police!

As soon as they got done talking to the police, they could've gone down to the station, or by phone if your city allows it, and completed a Trespass Affidavit. Now you really have no right to be on their property. If you're caught there, you will be arrested. The officers also have the option of filing charges against you with the District Attorney's office as long as they have proof that you were on the property (a witness willing to swear on oath). That usually happens when the person leaves before the police arrive. You would have to find out through the D.A.'s office if charges were filed against you, because that would be the warrant they're talking about.

Conor

I wouldn't sweat this.

First off, any kind of restraining order filed against you - you would have to be served with such.

It sounds to me like you could get charged with trespassing, but they're merely throwing out false threats. You won't be serving a year in jail - especially if you have no priors and you were merely going over there to retrieve your property. Being that her parents own the property, the parents can tell you not to return. If you return to the residence, this is trespassing. The most you might get is probation, but this is pretty petty.

I would leave it be for now and not worry about it unless the police contact you at your house.

mac_daddy0031

there would have to be some kind of paper work ,they are full of bull @$#!

Discipulo legis, quis cogitat?

What you are describing sounds like a Protection order, protection from abuse order, stay away order, or restraining order.

The way the law works with these is that the party from whom you are to be restrained from having any contact with will file a motion for a temporary order with a family court or common pleas court. The complaintant will allege certain facts and if they meant a minimum threshold, a temporary order that is good for a few days/weeks shall be granted. With this order in hand, the complaintant can force the respondant to stay away, he or she need only contact the police concerning any contact. The complaintant must then SERVE the other party the court papers concerning the order and then the other party must APPEAR to answer the allegations. What normally happens is that the parties enter into an agreement to stay away that does not agree to the allegations so alleged. After this, the judge will issue a FINAL ORDER and give NOTICE to the respondant that a violation of the order will be a criminal offense for which you would be imprisoned for 6mo-1yr etc.

If you received no notice of the order, it may be impossible to prove that you knew of the order and intentionally violated it (a requirement for the crime). If there is no service, and all testimony coming from you was that you did not know about the order, then the case is on its way to getting dismissed. Now if you knew of the order in a round about way, this could be considered a violation.

It is very rare for these sorts of orders to be filed. For instance, there were 400k police calls for domestic violence in Philadelphia last year, but less than 50k protection from abuse orders were issued. There were over 400 murders. The fact that an order may have been filed is a good clue on how you should handle this situation. If you have any money, items etc. that your gf owes you, do not get it resolved on your own. You must use the courts. It is a violation of the order to have any contact by yourself or THROUGH THIRD PARTIES. Even though you were doing something reasonable, the law is clear.

If you want to keep your criminal record clean and stay out of jail, you should seriously consider never talking, calling, writing, visiting the website, or seeing your ex-girlfriend again unless it is in a court of law.

The trespassing charge theory is not very strong for the state because it is possible for the girlfriend to give you permission to enter the premises. You can prove this by getting evidence that she knew that you were coming by for the purpose of obtaining your personal property, this will be evidence of express or implied permission.

Sporkamus

If it is a restraining order, you have to be served a copy before it is valid. Assuming you're underage, I'm not sure exactly what would happen, as it varies state by state.

If you are of age, however, and served with a copy of said restraining order, then you could be arrested without a citation, yes.

Sounds like they were bluffing at first to scare you off, but you may check with the clerk to find out if they're filing for a restraining order and have yet to serve you.

If they do arrest you for criminal trespass, you also may have a case for defense, because the property owners must give you notice that you are not allowed on the property in front of law enforcement personnel, not have said personnel warn you.

Prudential Intern

it's a restraining order that the parents installed....kind of messed up of them to do that.

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