Q and A with Attorney Carlos Gamino - Part 3by Attorney Carlos Gamino on 07/08/14
This post is the third in a series of eight that features a question-and-answer session with Attorney Carlos A. Gamiño. As a criminal defense attorney in the Milwaukee and Waukesha areas, Carlos enjoys helping people solve legal problems.
Q: What is trespassing, and can you trespass on your own property?
Attorney Carlos A. Gamiño: Trespassing is when you intentionally go on someone else’s property without permission or consent. Someone else’s property can include a house, an apartment or another building; it can even include a specific room.
When it comes to trespassing on your own property, you might be surprised to learn that yes, it is possible. Just because you own the property, if someone else has possession of it (I’m mostly talking about in divorce cases where a once-shared home is now in possession of only one spouse) you may not be able to come and go as you please.
Other situations that might constitute trespassing on your own property would include cases of protective orders. Even if your name is on the mortgage or lease, if you have a protective order that states you’re not allowed to be in the home, you can be charged with trespassing.
Landlords, in some cases, can also be charged with trespassing. As a landlord in Wisconsin, you’re required to give your tenants notice before you enter their property (and there are specific reasons for entering, too).
It’s important to know that judges decide whether you’re trespassing on a case-by-case basis. Also, there are common sense protections; if law enforcement professionals ask you, as a landlord, to open the door to your tenants’ home, you won’t be charged with trespassing.
Make sure you protect your own rights by calling a Milwaukee trespassing attorney if you have any questions about entering your own property or if you’re charged with entering someone else’s.
Our next Q & A with Attorney Carlos A. Gamiño goes over common double jeopardy myths.