Can a mother criminal trespass her adult child who has been living in her house? The JPs don't want to do an eviction saying the son is not a tenant. The police want to know if the mother can tell the child to leave and if he doesn't, can they arrest for criminal trepass or if she kicks him out and he comes back, can they then arrest.

Sure mom can cut the cord and kick the adult kid out. He's a guest not a tenant, and has outlived his welcome.

Get him out, if he'll leave, trespass him, and if he returns he can be hooked up for trespass-enter. If he won't leave, he still can be hooked up for trespass-remain.

BUT - will momma have a change of heart after her baby's in jail and not want to follow through later? Maybe she was just mad over some dirty shorts on the floor - the officers need to let her know that if they trespass him that means she can't let him come back if she's serious about putting him on his own. Probably not the best to put before a jury either if mom's gets hesitant.

Any one have any case law on this issue ? I've gotten several calls on this or a similar fact pattern, but can't find anything helpful.

See if the following helps in your situation(s):

Davis v. State, 799 S.W.2d 398 (Tex. App.---El Paso 1990, pet. ref'd).

Davis involved a married couple that was in the process of divorce when the husband broke into the wife's apartment. The court said the wife "owned" the apartment, and the husband did not have equal rights of access. Thus, the evidence of the husband's illegal entry provided legally sufficient evidence to support criminal trespass conviction.

HOWEVER, the First Court of Appeals has expressly disavowed Davis. See State v. Staley, 814 S.W.2d 534 (Tex. App.---Houston (1st Dist.) 1991, pet. ref'd); and see Palmer v. State, 764 S.W.2d 332 (Tex. App.---Houston (1st Dist.) 1988, no pet.).

I am also searching for case law where it gives Police Officers to enforce this. Please help. It is a current debate between Officers and Supervisors on my shift. Thanks in a advance.