Property Invasion, Damages, Trespass Questions about unlawful entry or breaking and entering

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ryankro3331

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this morning at around 4am a person i know broke into my moms house through the doggie door and proceeded to walk into my sisters room where my sister and he friend were sleeping. My sisters friend is an ex girlfriend of the person who broke in , he hovered over the bed until they woke up and my sister had to force him out i am wondering what actions can i take legally or can i press chargers ? or what can i do please help me i am confused and want to deal with this issue asap thanks it is my moms house i do live her but wasnt home when it happened i just want to know what my mom or sister can do besides filing a restraining order also is there a way we can sue him for damages cause he ripped out the doggie door ?
 
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ryankro3331 said:
this morning at around 4am a person i know broke into my moms house through the doggie door and proceeded to walk into my sisters room where my sister and he friend were sleeping. My sisters friend is an ex girlfriend of the person who broke in , he hovered over the bed until they woke up and my sister had to force him out i am wondering what actions can i take legally or can i press chargers ? or what can i do please help me i am confused and want to deal with this issue asap thanks it is my moms house i do live her but wasnt home when it happened i just want to know what my mom or sister can do besides filing a restraining order
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Mom or sister can call the police and make a report for trespassing in an occupied dwelling. If he committed no other crime other than the entry, this is a misdemeanor pursuant to PC 602.5.
 
Just a misdemanor CDW?

Seems like you could file charges against him including INTENT, that would be a felony. . . Burglury, Kidnapping, etc.
 
ryankro3331 said:
will he be arrested or detained ???
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Since it is a misdemeanor not committed in their presence, they cannot arrest him for this particular offense after this much time has passed. But, they can take the report, contact and interview him, and forward the matter to the District Attorney asking that charges be sought in the matter.

In the meantime, perhaps your sister and her friend should both seek restraining orders against this guy.
 
raskalnikov said:
Just a misdemanor CDW?

Seems like you could file charges against him including INTENT, that would be a felony. . . Burglury, Kidnapping, etc.
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Nothing was posted indicating intent. Absent mind reading, there is no way to determine WHY he broke in. And even if his intent was to cause harm, he apparently took no affirmative actions in pursuit of that. If part of a bigger picture and a series of events, it might be used as part of a stalking case, but taken by itself, this appears to be a misdemeanor.

And in CA we do not have a "breaking and entering" offense. You might be able to add vandalism to the entry, but that just adds another misdemeanor to the mix. Burglary requires something more than staring at someone.

602.5. (a) Every person other than a public officer or employee
acting within the course and scope of his or her employment in
performance of a duty imposed by law, who enters or remains in any
noncommercial dwelling house, apartment, or other residential place
without consent of the owner, his or her agent, or the person in
lawful possession thereof, is guilty of a misdemeanor.​
 
Well, California is weird in that respect, then. . .

. . . and if it happened to me, the person would be a dead person. ..
 
ryankro3331 said:
now if he continues to deny it how can we pursue civil damnages for the doggie door
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Your mother can take him to small claims court for the damages. She will, presumably, have witnesses in your sister and her friend.

But, he can probably be charged for the trespassing offense as well. Usually, restitution is attached to any settlement.

Also, they should seek a restraining order against him. What he did was freaky-scary.
 
raskalnikov said:
Well, California is weird in that respect, then. . .

. . . and if it happened to me, the person would be a dead person. ..
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Actually, the term "breaking and entering" is often misapplied in most every state and usually entails two separate offenses as opposed to one new offense. Not all states make it a greater crime to damage something while coming inside a residence. Some might, but certainly not all.

And even in CA there is a legal presumption that someone who enters your home in such a manner is there to cause you harm and you would be permitted to utilize reasonable force to protect yourself and your family. Had he been shot or brained with a bat, it would likely be seen by the DA as justifiable even without proof of his intent. Though, the state would likely want to be sure that he was not invited in and then bushwhacked.
 
raskalnikov said:
Oh,

and I hope it is a 1 year misdemeanor. . .
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One year would be the maximum term.

I neglected to post the aggravated section which is the (b) subsection under which this would fall:

602.5. (a) Every person other than a public officer or employee
acting within the course and scope of his or her employment in
performance of a duty imposed by law, who enters or remains in any
noncommercial dwelling house, apartment, or other residential place
without consent of the owner, his or her agent, or the person in
lawful possession thereof, is guilty of a misdemeanor.
(b) Every person other than a public officer or an employee acting
within the course and scope of his employment in performance of a
duty imposed by law, who, without the consent of the owner, his or
her agent, or the person in lawful possession thereof, enters or
remains in any noncommercial dwelling house, apartment, or other
residential place while a resident, or another person authorized to
be in the dwelling, is present at any time during the course of the
incident is guilty of aggravated trespass punishable by imprisonment
in a county jail for not more than one year or by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment.
(c) If the court grants probation, it may order a person convicted
of a misdemeanor under subdivision (b) to up to three years of
supervised probation. It shall be a condition of probation that the
person participate in counseling, as designated by the court.
(d) If a person is convicted of a misdemeanor under subdivision
(b), the sentencing court shall also consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to three years, as determined by the court. In
determining the length of the restraining order, the court shall
consider, among other factors, the seriousness of the facts before
the court, the probability of future violations, and the safety of
the victim and his or her immediate family.
(e) Nothing in this section shall preclude prosecution under
Section 459 or any other provision of law.​
 
we have three small dogs the biggest bein a terrier that weighs about 25 to 30 lbs and is no more than 22 ft. tall , and my mom said she did here the dogs bark but figured it was my sister since he and 3 of her friends were there but only my sister and the guys ex g/f saw him cause he came into her room . now of course if i take some psychical action towards him i can get in trouble right ? or can i break into his house late and night and stand over his bed and then leave and not get in trouble right ?
 
also if they pursue a restraining order what r the chances of them aactually getting it cause im pretty sure they dont just hand them out u have to have resonable proof that they need a restraining order right ? like physical proof
 
ryankro3331 said:
now of course if i take some psychical action towards him i can get in trouble right ?
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Yes. We call that the crime of battery in California.

or can i break into his house late and night and stand over his bed and then leave and not get in trouble right ?
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Who said he was not going to get in trouble? I said he would not be arrested right away because the law says he cannot. If the DA presses charges he could be charged, arrested, tried, and convicted for up to a year in jail just for the trespassing in the occupied dwelling offense alone!

If you break in to HIS house, and he brains you with a bat or shoots you, you'll be injured or dead AND potentially face criminal charges. This would be a very dumb thing to do.

If your mom, sister, or sister's friend want to make a point, they can all get restraining orders against him. That way, if he ever does it again, he can go to jail. And for the ex-girlfriend, hers would be a domestic violence order which can allow the police to arrest based upon probable cause even if he was gone when they got there.

also if they pursue a restraining order what r the chances of them aactually getting it cause im pretty sure they dont just hand them out u have to have resonable proof that they need a restraining order right ? like physical proof
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They do not need physical proof, only sufficient proof to convince a judge. With both their statements, a police report and investigation, damage to the doggy door, and - with luck - his own admission to being there, a restrainin order should be rather easy. If he denies being present and there is no proof of the entry aside from the broken doggy door and the statements of two people that might have a beef against him, then a judge might not be compelled to issue the order. but, they will not know if they do not try. And, chances are, that if he broke into your house and into your sister's room just to get a glimpse of his ex-girlfriend, he has done some weird stuff before that can add to the affidavit.

If any of the involved girls are minors, that will help, too.

But, YOU do not have standing to do anything here. From what you wrote, the house belongs to mom so she is a victim and your sister and her friend (the ex-girlfriend) are witnesses.
 
So let me see if I understand this right - in CA someone can break into a house and as long as they don't steal anything or hurt anyone, it's not a felony???

Glad I live in Florida where A- it IS a felony and B- I have the legal right to shoot the intruder based only on the fact they are standing in my home, with no fear of prosecution.
 
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