Can I Be Charged with Trespassing for Being on a Residential Sidewalk

My question involves criminal law for the state of: GA.

My husband and I took his children to his ex-wife's home today after our christmas visitation and were told that I was not to accompany him anymore to her home, even though we just get out of the car and kiss children and leave. Since our marriage last year this woman has made it very clear she despises me. Her children love me and she can't stand it. She is a manipulator and a control freak and she basically just wants to tell us what to do. She said if I came to her home anymore she would call the law and have me arrested for tresspassing. Keep in mind, nothing has ever happened to warrant this behavior from her. There is a sidewalk around her whole neighborhood, my question is, can she get me for trespassing if I am on the sidewalk? Thank you for your help!

No but your actions can cause some problems for your husband in court. You have no legal relationship with the children (unless you are one of the very few who the courts have extended such to a step parent).

What you are doing is causing problems. There is no real reason for you to be there and you know that being there causes problems.

The fact that you are asking if being on the sidewalk is trespassing shows that you want to prove you are right and can do what you want rather than minimizing the problem. Since you are willing to cause an argument that you know the police might be responding to, what do you think a judge will say about how your husband is caring for his children by allowing you to instigate such a confrontation?

There is being right, and there is being happy. No, SHE cannot "get you" for trespassing on the public sidewalk. HOWEVER, she CAN call police and ask that a trespass warning be issued such that your return to the front of her residence COULD result in your arrest, AND, would give her excellent ammunition in court to get a restraining order against you - not only to back up the trespass warning, but even so far as to ask the court to BAR you from being around the children AT ALL since the children are supposedly the crux of the issue. The bottom line is that if you have been asked NOT to show up to pick up the children, trying to push your weight around has great potential to become weight around your own neck. You have little to no legal recognition in this situation, so the best advice is NOT to enter a pissing contest that you will not win.

I don't know of any case in any state where an accusation of trespass against a parent's spouse (even one that's credible, not dubious) enabled the other parent to get a restraining order preventing the step-parent from having contact with the children.

In and of itself, no. But when taken as part of a pattern of behaviors, I've seen several just in my two surrounding counties where such RO's have been issued - and whether they have true merit for causing fear or not, given that judges have broad discretion in issuing such orders, defying the parent at their own residence is asking the court to spin that wheel.

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Quoting aardvarc

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In and of itself, no. But when taken as part of a pattern of behaviors, I've seen several just in my two surrounding counties where such RO's have been issued - and whether they have true merit for causing fear or not, given that judges have broad discretion in issuing such orders, defying the parent at their own residence is asking the court to spin that wheel.

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I appreciate all of the answers. First of all, we have never cussed, fussed or anything of this nature. I never speak ill of her in front of the children, even though we get 3 or 4 emails from this woman daily. The children are in therapy because the 6 year old little girl said on three different occasions that her mother has done inappropriate things to her. We went through DFCS and the little girl won't repeat the accusations. The children are scard to death of her. Even though I have her on tape talking about it, they said unless she told a person of authority that it didnt matter. Ever since DFCS has become involved she has really stepped up her hatred of me. She thinks the children are posessions. She loves to try to control our household and when she can't, she uses the children. For the last year and a half I have basically bit my tongue to try and be civil to this woman, for the children. But I am at the end of my rope. She is not GOD, why should I have to listen to her because she decrees it?? As long as I don't invade her personal space ( her property) she has no say so if I ride with my husband to take them home. We have no say if her raunchy boyfriend is there when we take the children home. She is mentally unstable enough to accuse him of anything she can think of if he goes alone, and she would have a witness, as her boyfriend is always there, and he is not above telling a lie. So another words, this is a MESS! We have talked to our attorney about going to court, but until the children say something, he says to wait.

How is it in the best interest of the children to cause such mayhem during PU/DO?

Stay home. If you care for these children AT ALL cut the crap.

so you are willing to escalate the confrontation to whatever it takes to prove you are correct. Wow, that really shows concern for the children.:rolleyes:

If dad needs a witness, there are about 5 or 6 billion people on the planet. Of those 5 or 6 billion people on the planet, you are the absolute worst choice to consider as a witness. You have a vested interest in the outcome of any situation so that makes you an unreliable witness.

let dad take just about anybody else with him to the do/pu or seek a court order to have the do/pu in a public place but you going along for what you claim is ridiculous. You are only causing greater problems than you think you are curing.

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Quoting jk

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so you are willing to escalate the confrontation to whatever it takes to prove you are correct. Wow, that really shows concern for the children.:rolleyes:

If dad needs a witness, there are about 5 or 6 billion people on the planet. Of those 5 or 6 billion people on the planet, you are the absolute worst choice to consider as a witness. You have a vested interest in the outcome of any situation so that makes you an unreliable witness.

let dad take just about anybody else with him to the do/pu or seek a court order to have the do/pu in a public place but you going along for what you claim is ridiculous. You are only causing greater problems than you think you are curing.

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WOW...When people ask for others opinion...you are entitled to have your say...I have read alot of your replies and you must think being smart is cute...but it is not! So maybe your rolled eyes won't get stuck...you are a rude person, but there are plenty of you in this world.

Rude?

Honest is more accurate along with a side of reality. My response was not intended as a smart aleck response nor cute.