Minor children resident and tresspassing

Under CA law IIRC a teenage child cannot consent to a search his/her family property by law enforcement.

As a variation can that child grant legal permission to anyone to come on the property in against the wishes of property owner/parent.

Example: 16 y/o daughter has b/f visiting at odd hours (like 2am). Parent confronts b/f and forbids him from being on property. Daughter later invites b/f over.

Can parents have b/f cited for tresspassing?

Depends. Where I live, trespassing is not a crime. Breaking and entering, now that would be a crime. Trespassing would not be.

The right to press charges for tresspassing almost always lies with the owner of the property or someone acting as his agent. The 16 year old most likely does not own the house. :slight_smile:

only if they’d like to ruin a perfectly savable relationship.

more to the point, do you think that such a teenager would stop enganging in whatever activities she does in the house if her b/f couldn’t visit? They’d just go elsewhere.

Restraining orders on a daughter’s significant other is NOT A GOOD IDEA.

OK a little backstory is in order:

My 16 y/o stepdaughter has been sneaking out late at night and or having “friends” over late at night without our knowledge.

Me and her mom do not have a problem with the fact that she is sexually active, the problem is she goes to great lengths to conceal who, and how many who’s are involved. My own observations puts the number at 3 different guys. The problems start when we started finding alcohol in her room and checking at 5am on my way out to work to find she is not home. At least one of these “friends” (who drives a pretty nice looking grand cherokee) bolted when I tried to walk out and say “Hi”

My wife and her have had several long talks about her activities and we both flat out told her…we don’t care that she is having sex, but we want to know who its with. A name and a face (or two) would be a bonus at this point.

Physical restriction is possible, we can make sure she does not get out and about much. Or that if she does she won’t get far. A couple quick lock and fence repairs took care of that.

Our main concern is that she may be getting tangled up with either some very questionable types or significantly older men and that these people have access to our home and we do have multiple computers, guns, jewelry, etc that someone could get to if they tried hard enough.

We don’t want to lock her in and try and isolate her since that would ultimately fail. We just want to make sure that she is safe. She wants to bring a guy over watch movies and have sex with him…fine I’ll make them popcorn even. How do we protect her when she wants to fight us tooth and nail even on these INCREDIBLY LIBERAL rules.

How many Dopers would have killed or died for parents as cool as us at 16!!

The issue is not whether the 16-yo or the parents can bring charges. The issue is whether charges can be successfully brought by anybody.

Or, to put it another way, if I enter premises at the invitation of somebody lawfully there (the 16-yo), knowing that the owner of the property (drachillix) does not want me to enter, do I commit the crime of trespass (assuming this happens in a place where trespass is a crime)?

The answer, of course, depends on how the crime of trespass is defined in the jurisdiction concerned, so if drachillix wants an answer to this question he’ll have to tell us where he lives.

But, in fact, as drachillix’s second post makes clear, there is a broader issue here. drachillix is not so much interested in prosecuting the 16-yo’s partners as in persuading or compelling her to alter her behaviour to take account of the (entirely reasonable) wishes of the people she shares her home with. My very crude sense is that legal measures taken against the partners, even if possible, are unlikely to effect the change in attitude which is needed here.

drachillix, I don’t know your stepdaughter so this is a completely wild guess, but her behaviour suggests to me that, just maybe, what she actually feels the need to do is to rebel against her mother and/or you and that, however reasonable the requests you make of her, right now she will flout them. She needs to transgress, and the more latitude you give her, the more outrageous her behaviour has to be in order to transgress.

I realise that, even if this is a correct analysis of the situation, it’s not a particularly helpful one. You’ve already given her a high degree of freedom, and you can’t really roll that back very easily. I fear that she’ll continue to behave like this until maturity kicks in, which could be a while, or until you or she gets hurt and, to be honest, I don’t quite know what’s the best thing to do about it. I can see why you’re considering legal measures against the partners, but I don’t know if that is really going to help.

I have friends who are going through this very problem. The guns and jewelry were stolen, the boys are too old for the 15-year old daughter, she’s doing lousy in school and has basically turned into a wasteoid over the last year. Their solution? They’re moving. Ever since the break-in (or whatever happened) they are uncomfortable in their own home. I feel sorry for them, but I don’t see what else they can do.

California. I know tresspass is somehow citable (small fine or something) I’m looking for ammo in what we both feel is going to be one hell of a long war (and I know the old saying about only winning the battles with your kids). I personally am looking at this as trading ground for time. If we can keep her from doing something horrendously self destructive long enough for her to grow up or settle down a bit thats about all we hope for.

Preference would be for her to be responsible, if partners are somehow shady, legal intervention might be a better answer. The emotional defenses of a 16 y/o are not much protection from anything short of another kid her age.

This is why parents have grey hair huh…

Well your answer feels pretty on target, we have no intention of giving up on her and just letting her run wild. Right now I am just thinking security cameras would be cheaper than a grandchild… actually lots of electronic monitoring gizmos would be cheaper.