Trespassing and legal assistance | Legal aid centre

Questioner

My daughter was sued by her ex-boyfriend and arrested by the police for trespassing. However, the lease had not yet been terminated by her on that day. Is there a case of trespassing and is the report justified? Because of this my daughter cannot get a 'certificate of good conduct' for her flight attendant training... Thank you very much!

Lawyer

Whether there is a breach of home peace does not entirely depend on the date in a lease. Squatters (who do not have a lease) also have a breach of home peace. A guest in a hotel, for example, also has a breach of home peace. So it depends on the circumstances of the case whether there is actually a breach of home peace. In addition, the question is whether this domestic peace has been 'broken'. An unwelcome person does not immediately commit trespassing if he/she enters someone else's home uninvited. It is wise for your daughter to speak to a lawyer about this case as soon as possible. A lawyer can try to prevent prosecution at an early stage (for example, by pushing for mediation or a conditional dismissal). Furthermore, it is also questionable whether your daughter has actually committed criminal trespassing and whether this can be proven (after all, a single report is not sufficient). For the evidence, it is important that your daughter hires a lawyer before and during the interrogation, so that she does not burden herself (unnecessarily) during the interrogation. If your daughter is convicted, this does not automatically mean that she will no longer receive a VOG for her future job or education. The website of the Justis service contains a lot of information about the so-called screening profiles. These profiles are very important. For example, it is a problem for a taxi driver if he is convicted of driving under the influence, a minor assault in the pub 5 years ago is less important. If you would like more information, please contact me. We can also assist your daughter in her case.