Legal Question in Criminal Law in Massachusetts

Re: trespassing orders

If you detain someone, you are not authorized to use force.

The no trespass order you filed at the police station does not have the force of law unless it is Ordered by a Judge.

The TO applies only to your real estate, but can be voided by Invitation if the adult person who invites him has or would reasonably be assumed to have the authority to invite him onto the land. The no trespass does not apply to automobiles, and if your daughter gives him a ride, he cannot be arrested for it.

It seems that you are unhappy with your adult daughter's dating habits... that said, you cannot have people arrested if she, an adult residing on the property, invites them over; you would expose yourself to a lawsuit and your homeowner's policy may or may not insure you (check with them first to see if false arrest or assault and battery are insured).

The better solution is to establish clear rules for your adult daughter and if she violates, kick her out of the house. Once she no longer lives there, she does not have real or apparent authority to invite guests over.

Re: trespassing orders

YOu would be making a major error.

The last thing that you would want is for him to file criminal charges against you.

What I would suggest is getting a camera, and taking pictures of him when he is present. When taking the pictures is combined with calling the police, you will be ahead of the game.

The risk of you detaining some one under these facts is not one that even merits your consideration.

If you have any questions, you can contact me.