Legal Question in Family Law in Hawaii
trespass - is it always criminal?
on sunday 11 july i went to my ex's home to pick up my 12 year old son for church. prior to this i had been in her house many times at her invitation. it has always been very uneven in terms of entry... it depended on whether she needed something done or not. she had even fed me. at anyrate when i woke my son he told me he was tired and would go to a later service. my 17 year old daughter had also said she would probably go on this prticular sunday, so i went upstairs to get her. as i was walking down the hall i overheard something of a personal nature about her and her date of the previos night, that was said by my ex. when she found out that i had heard what she had said to my 17 year old she flew into a rage. while she was raging, i was scolding her for her bad example to my daughter. at no time did i go into the room she was in. at no time did i destroy or abuse property. after i had said my piece, i left. four days later, i was served with the warrent. i feel sure that if i hadn't heard what i heard, this arrest would never have taken place. it was pure retaliation. how do i fight this/ is it a misdemeanor or felony? what is the max/min punishment? ps there was no restraining order prior to my arrest for this entry.
1 Answer from Attorneys
Re: trespass - is it always criminal?
There is no way of giving you decent advice without seeing the warrant and talking with you in greater detail than this type of forum allows. I would advise you to consult with a local attorney.