When a Trespasser Commits a Party Foul… | Florida

The temperature is rising, kids are out of school, and it’s time to fire up the grill for some summer fun with friends and family. Summer is the perfect time to host barbeques, family reunions, and pool parties.

Unfortunately, the summer heat in Florida tends to cause some people to act differently than they normally would. Add alcohol to the mix and before you know it there is someone getting out of control at your party. What should you do if you believe someone at one of your get-togethers starts getting out of control and you ask them to leave, but they refuse? What does the law allow you to do to remove this party spoiler?

STEP ONE: ASK THEM TO LEAVE

First, if you want someone to leave your party, you should politely ask them to leave. If they do not want to leave and insist on staying, call law enforcement to assist in removing this person.

STEP TWO: REMOVE THE THREAT FROM YOUR PROPERTY

If you cannot wait for law enforcement to arrive and escort the person off your property because their behavior has gotten out of hand, Florida law allows you to remove the individual against his or her will. Florida Statute § 776.031(1) allows an individual to use or threaten to use non-deadly force if he or she reasonably believes such conduct is necessary to prevent or terminate a trespass on his or her property.

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So, you’re allowed to physically escort or remove any trespasser from your property by using non-deadly force. The only time you would be justified in threatening to use or using deadly force is when you reasonably believe such conduct is necessary to prevent the trespasser from imminently committing a forcible felony.

I hope all your summer parties are enjoyable and free from chaos. If you have any questions about having to remove an unwanted guest or a guest that has gotten out of control or any other firearm or self-defense question, please give U.S. LawShield a call and ask to speak to your Independent Program Attorney.

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