Home > Research Legal Advice > Criminal Defense > Can trespassing charges be dropped if proof of prejudice
Asked about 1 year ago - Martinsville, VA
FlagMy ex-girlfriend mom puts a trespassing warrant on me just to keep me away from her daughter i never hit my ex or hurt her at all i didnt destroy the property and never put anyone in danger im just the wrong skin color.
The mom may issue a no-trespass notice on anyone she chooses regardless of her reasons. Based on your question, it appears that she actually filed a criminal charge against you. You should consult with an attorney to determine if she followed the statute requirement on the notice that you were given, if any.
Good luck.
An owner of a private residence does not have to allow anyone on his/her property for any reason or no reason at all. If you entered the property without permission or after being told you no longer had permission, and you did then enter, you may be charged with trespassing. Skin color is not a defense in the facts you described above. There is no law prohibiting people from having personal prejudices as we all have some. There are laws that prevent certain actions based on certain prejudices but simply not wanting you on her property because of your skin color is not going to make the courts require her to allow you free access to her personal property. Good Luck!
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