I was arrested last night for criminal tresspassing @ my own residence. I was wondering how is that when me and my "wife" of

Post, TX Viewed 32 times. Posted 25 days ago in Criminal Defense

was arrested last night for criminal tresspassing @ my own residence. I was wondering how is that when me and my "wife" of 7 yrs, and 2 kids can actually do that since she is the one cheating on me, we live in one of her mothers homes but i thought that if we are common law married she would have to get a divorce before i would have to vacate the residence. Her mother told us when ewe moved in that we could have it if we payed off the back taxes that are owed, iwas wondering if i payed the taxed off if they could still make me vacate since it would be ours, and she is the one that is cheating if she would have to leave, even poss. lose the kids to me, i just dont want to ose my kids to her bc this is the 3rd time i caught her i jus love my kids and dont want to lose them to her. What 2 do?

Answers (2)

Shawn Alan Arnold

This attorney is licensed in Florida and 1 other state. Posted 23 days ago.

Sounds like you have numerous defenses. If you live in the property, own/rent the property, or were lawfully there in the first place a trespass conviction would not stand. Of course, I don't know the other side of the story or what the police would say. If you can not afford an attorney, the public defender should be appointed. I don't know the specific laws in Texas, so please consult them. However, some of the same principles may still apply and you are welcome to look at our thoughts on Florida law:

Trespass

Paul Holt Walcutt

This attorney is licensed in Texas. Posted 21 days ago.

Under Texas a law, a person commits an offense if he enters or remains on or in property ... of another without effective consent or he enters or remains in a building of another without effective consent and he: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so (TX Penal Code 30.05).

Obviously, when you are on your own property, you cannot commit this offense. For the police to have charged you with this offense, they must have believed (based on what they assumed or were told by your wife) that you were not on your own property and that she was the exclusive owner of the property. It sounds that you could prove that you had received ownership of the property through your mother-in-law by paying off the back taxes.

Unfortunately, you now have this criminal charge and need to defend yourself against it. You should contact a local criminal defense attorney ASAP to protect yourself and your rights. Good luck.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.