I have a situation in which I have been accused of trespass on 2 occasions now by my ex-husband.
The first situation involved a breach of court orders in which he had failed to provide 7 days notice that he had moved houses. I knew he had moved because the children (who are with him about 40% of the time) had told me very excitedly that they had moved all of their belongings into their 'new' house and had gone into great detail about the removalists coming and that daddy would be living there from X date.
When I noted the breach to his lawyer (there have been many many breaches in this highly antagonistic divorce) I immediately received 'notice' ignoring my letter and asserting that the 'move' would not happen for another 7 days.
On the day in question, I dropped the children to school and drove past the new house. He was clearly in residence, his car & his secretaries car were there and they were loading empty (flattened) boxes into a moving van.
So I went to the former rental property - which was vacant, save for some boxes I could see through the window.
As I was leaving the secretary drove up followed by the removal van and blocked me in the driveway. She approached me and demanded to know what I was doing. I felt intimidated and threatened and I asked her to move to allow me room to get my car out. Rather than pull over, she reversed down the driveway taking photographs as she went.
Question: Is this trespass?
On the second occasion - I stopped to talk to a tradesperson on the road outside his house. I did not enter his property. The tradesperson was located some way up the street, I did not discuss my ex-husband in any way shape or form with the tradesperson, rather I was enquiring about the services of the tradesperson for my own purposes. On this occasion, he again accused me of trespass but also of stalking, harassment & intimidation.
I have had a restraining order on him because when we separated not only did he refuse to move out of the house but he refused to move out of the bed. For 7 months he stalked me at home. Where previously he would leave for work at 4am and not return until 6pm - he began turning up at all times during the day, not entering through the front door as was his habit but rather creeping down the side to the back entrance where he could see what I was doing - big glass windows, no curtains. He would enter and stand over me and laugh, "haha trying to get your defences sorted are you?' he told me that even if we sorted the finances he would not move out. He told me that.
The first situation involved a breach of court orders in which he had failed to provide 7 days notice that he had moved houses. I knew he had moved because the children (who are with him about 40% of the time) had told me very excitedly that they had moved all of their belongings into their 'new' house and had gone into great detail about the removalists coming and that daddy would be living there from X date.
When I noted the breach to his lawyer (there have been many many breaches in this highly antagonistic divorce) I immediately received 'notice' ignoring my letter and asserting that the 'move' would not happen for another 7 days.
On the day in question, I dropped the children to school and drove past the new house. He was clearly in residence, his car & his secretaries car were there and they were loading empty (flattened) boxes into a moving van.
So I went to the former rental property - which was vacant, save for some boxes I could see through the window.
As I was leaving the secretary drove up followed by the removal van and blocked me in the driveway. She approached me and demanded to know what I was doing. I felt intimidated and threatened and I asked her to move to allow me room to get my car out. Rather than pull over, she reversed down the driveway taking photographs as she went.
Question: Is this trespass?
On the second occasion - I stopped to talk to a tradesperson on the road outside his house. I did not enter his property. The tradesperson was located some way up the street, I did not discuss my ex-husband in any way shape or form with the tradesperson, rather I was enquiring about the services of the tradesperson for my own purposes. On this occasion, he again accused me of trespass but also of stalking, harassment & intimidation.
I have had a restraining order on him because when we separated not only did he refuse to move out of the house but he refused to move out of the bed. For 7 months he stalked me at home. Where previously he would leave for work at 4am and not return until 6pm - he began turning up at all times during the day, not entering through the front door as was his habit but rather creeping down the side to the back entrance where he could see what I was doing - big glass windows, no curtains. He would enter and stand over me and laugh, "haha trying to get your defences sorted are you?' he told me that even if we sorted the finances he would not move out. He told me that.