Trespassing Laws In Alabama

Summary

The user is dealing with a person who was officially banned from a property in Ariton, Alabama but continues to cause disturbances. The user has called the police and written a banning statement. The person causing disturbances claims that since they refused to sign the banning statement, they can still enter the property. The user was advised to call 911 if the person returns to the property. The user is considering getting a restraining order but lacks proof of threat. The user has tried to document incidents involving the person but has not been successful in capturing video evidence. The user was advised to seek legal advice and consider installing security cameras.

Full Conversation

I called the police the other day because of a person. Police arrived and I wrote a statement with my signature, which the officer signed too, that this certain person is banned from the property.
What is the location of the property where this incident occurred?
Ariton Alabama
What is the nature of your relationship with the person you banned from the property?
A friend of my husband
What is the reason for banning this person from your property?
After warning and telling, not to come back, but constantly showing up
What actions has the person taken after being officially banned from the property?
Officer said he will talk to this person to inform about the banning Nothing else
What was the response of the person after the officer informed them about the ban?
I don't know if that person had to also sign a paper or not, but this person is now saying that she can still come and go when she pleases.
Did the police provide you with any documentation or reference number for your complaint? This could be useful for further legal actions.
No
What actions have you taken since this person has continued to disregard the ban?
I'm not for sure if this person signed or not or even had to sign papers.
What actions has this person taken after the ban that has caused you concern or harm?
Hiding by a shed on the property and constant drama and raising hell. This occured *:* in the morning
What actions have you taken since this person has continued to disregard the ban and caused disturbances on your property?
This is when I called *
What was the response of the police when you called *?
The officer informed me to write this banning statement.
What was the response of the police when they arrived after your * call?
I have only called this one time. That's when I wrote this statement. But this person is saying now, that the since she refused to sign, she can still come and go when she pleases. Can this be possible?
Did the police officer mention any specific laws or procedures about banning someone from your property in Alabama?
All I know, is that I need to call * if she shows back up.
Did the police officer provide any instructions on what to do if the person returns to your property?
No. Just to call them back.
Did the police officer provide any specific instructions on what to do if the person causes harm or threatens you or your property?
No.
What actions has this person taken after the ban that has caused you concern or harm?

In Alabama, trespassing laws state that:
- A person is guilty of criminal trespass if they knowingly enter or remain unlawfully on property.
- Penalties can include fines and imprisonment.
So far nothing yet. The officer did informed me that if she comes back on the property to call and they will put out a warrant. It will be a criminal trespassing only if one of the officers will see her.
Did the officer provide any specific instructions on what to do if the person returns to your property without their presence?

In Alabama, trespassing laws state that:
- A person is guilty of criminal trespass if they knowingly enter or remain unlawfully on property.
- Penalties can include fines and imprisonment.
Call *
What actions did the police take when they arrived after your * call?
Informed me to write a statement and than he was trying to locate the other person
What is the current situation? Has the person returned to your property since the police visit?
Not to my knowledge. I'm working thru the day. The situation remains the same
What actions will you take if the person returns to your property?

In Alabama, trespassing laws state that:
- A person is guilty of criminal trespass if they knowingly enter or remain unlawfully on property.
- Penalties can include fines and imprisonment.
Call * again
What was the response of the police when you called * the second time?
It was only one time I called
What is your plan if the person continues to trespass despite the police warnings?
I'm hoping for an arrest.
What evidence do you have of this person trespassing on your property? In Alabama, evidence can be crucial in proving a case of trespassing.
Nothing really. She be disappearing.
Do you have any security cameras or other means to gather evidence of her trespassing on your property?
No
Have you considered installing security cameras to gather evidence of her trespassing? This could be crucial in proving your case.
Yes, but I don't know how to do it and it's a financial problem at the moment
Have you considered seeking a restraining order against this person? In Alabama, you can apply for a Protection From Abuse Order if you feel threatened.
I don't think I can because it's my in-laws property. Could you explain to me the difference between a banning and restraining
A banning order typically prevents a person from entering a specific property, while a restraining order prevents a person from making contact with you, regardless of location.
If I could I absolutely would get an restraining order. This person is unpredictable.
What is preventing you from getting a restraining order? In Alabama, you can apply for a Protection From Abuse Order if you feel threatened.
Don't I have to have proof of a threat
Yes, typically to obtain a restraining order, you need to provide evidence of a threat or harm. This can include text messages, emails, or witness statements.
That I don't have
Have you considered seeking legal advice from a local attorney to better understand your options and rights in this situation?
Not yet
What steps have you taken to document the incidents involving this person? This could be useful for any potential legal actions.
I tried to video her
Did you manage to successfully capture any video evidence of her trespassing on your property?
No
Have you considered seeking help from a local domestic violence organization? They may be able to provide resources and support.
No
What is the exact nature of the disturbances this person is causing on your property?

In Alabama, trespassing laws state that:
- A person is guilty of criminal trespass if they knowingly enter or remain unlawfully on property.
- Penalties can include fines and imprisonment.

The nearest court to Ariton, Alabama is the Dale County District Court. Their contact number is (*) *-*.
Disturbance
What specific actions does this person take that cause disturbance on your property?
Throwing stuff and cussing
What kind of stuff is she throwing and has it caused any damage to your property? In Alabama, causing damage to someone else's property can be considered criminal mischief, which is punishable by fines and imprisonment.
What ever is laying around in the yard. No.
Has she ever threatened you or anyone else on the property?
Yes, but I can't proof it
What kind of threats has she made? In Alabama, verbal threats can be considered harassment, which is a criminal offense.
She will f..k me up
Has she made these threats in the presence of any witnesses who could corroborate your account? In Alabama, verbal threats can be considered harassment, which is a criminal offense.
Yes, my friend, but I don't know if she wanna be involved.
Would your friend be willing to provide a statement or testify if necessary? This could be crucial in proving harassment. In Alabama, harassment is a criminal offense.
I will ask her
That's a good step. Witness statements can be crucial in legal proceedings. Have you documented the incidents and threats in any way, like a diary or notes?
Some
What specific incidents have you documented and how have you done so?
Just mainly if there was an incident
What kind of incidents have you documented and how detailed are your notes?
She went crazy again
What actions did she take when she "went crazy"? It's important to document specific behaviors for potential legal proceedings.
Nothing, she be walking off
Did she cause any damage or harm when she "went crazy"? It's important to document these incidents for potential legal proceedings.
No
What steps have you taken to ensure your safety and the safety of others on the property?
Nothing else, but called the police the other day.
What was the outcome of your call to the police? Did they take any action against the person causing disturbances on your property?