The following is a video transcript.
I want to speak today about removing uninvited or disruptive guests from your home.
Let’s just say that this summer you’re having a barbecue or event at your house, and you’ve invited somebody that has been excessively drinking, smoking, or just causing a ruckus and you want them to leave.
ARE THEY A TRESPASSER?
You can walk up to that person and demand they leave and your actions at that moment revoke their invitation to be on your property, now making them a trespasser. They could be charged with being unlawfully on your property if they refuse to leave.
USE FORCE, BUT NOT DEADLY FORCE
If they still refuse to leave, you can use force, but not deadly force, to remove them from your property. The only way you can use deadly force to remove somebody from your property is if you feel and can articulate that they are going to or they may cause serious bodily injury or death to you or a third party. In this instance, you would be welcome to the protections of the Castle doctrine or self-defense statutes in general.
LET LAW ENFORCEMENT HANDLE IT
I always recommend that before you escalate a situation with deadly force or force at all, you try to have law enforcement or local law enforcement intervene to help with the situation. It is a much easier and safer way to resolve a situation without having it escalate, because even though you may win in a criminal court of law, if you injure that third party or this trespasser, they could sue you for injuries or trauma they sustained while they were at your house.
We’ve talked about it before; it doesn’t take much for somebody to come and shake you down for money in a civil lawsuit and that’s really the last thing you want to deal with.
If you have any questions about this or anything else, contact U.S. LawShield and ask to speak to your Independent Program Attorney. I’m always happy to talk to U.S. LawShield members.