Ask A Lawyer: Is It Breaking and Entering if He’s My Boyfriend?

My boyfriend came over to my house a few nights ago. I was upstairs and couldn’t hear him, but he came in and my parents were mad so they called the police. They said he broke in. He had been to our house before, he used to come over a lot until my daddy told him not to show his face here again, but then daddy still let me go out with my boyfriend. He must have been coming to see if I wanted to go out, but I didn’t hear him and now he’s been arrested and he’s going to court.

This is going to be a difficult case. Without knowing your age, we can’t determine whether your consent, or your invitation, is enough to reinstate consent after your dad told him to stay away. Knowing that your dad still let you see your boyfriend might give us enough to fight the charge- if dad banned the boyfriend from the house to protect you, letting you go out with the guy doesn’t fit.

You need to have your boyfriend talk to a lawyer. Situations like this are very tricky, and very emotional on all sides. He needs to have a legal professional walk through all the details of that night to see exactly what happened and how it may have been perceived.

When he meets with a lawyer, they will discuss a few things. Your age, in order to determine whether your consent for him to enter the house is enough; the circumstances of him entering the house- was the front door unlocked, or did he have to open a back window?- that night; whether your parents could expect their “stay away” rule to mean anything when you were still allowed to go out with the boyfriend; all of these things will be discussed. The lawyer will probably also want to know about your relationship with your boyfriend, his relationship with your parents, and the details surrounding your parents banning him from the house and details of the night in question.

Have your boyfriend contact a competent, experienced criminal defense lawyer. The sooner he discusses his options, the better his chance of having a strong case to fight this charge.

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One Response to Ask A Lawyer: Is It Breaking and Entering if He’s My Boyfriend?

  1. George W Bang says:

    Fortunately, her parents have given consent to me going out with my girlfriend.

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