Legal Question in Civil Rights Law in South Carolina
My husband was arrested for tresspassing. We have a cabinet business where we sell and install cabinets. We had made a deal with a granite company to put our cabinets in their showroom and they would put their granite on our cabinets for display and we would give each other leads on kitchens. We were in that store for over a year working with the salsmen there and had a good relationship with everybody. We have a signed contract with the owner of the company that states if for any reason things were to change we would take our cabinets back. His business began to fail and he fell behind in his lease of that store and was removing his property when we were informed by one of the salesmen (that he had let go) that he was at the store removing our cabinets and taking them to another store in a different county. My husband confronted him at the store to ask him why he was stealing our cabinets. He then grabbed my husband around the throat and pushed him back. He then told my husband to leave the property. My husband called me to have the police come and said he was staying there to prevent him from taking the rest of our cabinets. When the police arrived they were still yelling at one another and the police got fed up and said he was taking them both to jail. My husband was charged with tresspassing and the other man was charged with assault and battery 3rd degree. My question is, was it legal to charge my husband with tresspassing when this man had fallen behind on his lease and really had no right to tell my husband to get off of that property? We still had some our property in the store and a large sign also on the property.
1 Answer from Attorneys
Yes it was legal to charge your husband with trespassing. One can only use "self help" when there is no possibility of violence. Next time hire an attorney to help you get your property back legally.
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