What’s the law on trespass?

[User2001]

I’m thinking specifically about my private property and problem Ex, who I’ve asked to stay off my drive (still parks there even though other people sit in the car on the street, so ex can do the same easily) and stop peering in to my open plan ground floor home (literally nose against glass with hand up to shield light for a better view).

Someone suggested close the blinds, but I never know when he’ll turn up. It’s always different times to pick up and drop off DC and the timings are fluid so no one know the return time ahead of time, and DC doesn’t take a phone to alert me of impending return, plus I wouldn’t want to put them in such an awful position. It would be easier to use the law that exists, if it’s possible.

Does anyone know anything about trespass law?

It’s a civil matter. It’s not a crime. You can get an injunction to keep him away from your land . Or report it as harassment to the police. See a solicitor about options but trespass is a civil matter, not a police one. There isn’t a law. Others might think differently of course.

Thank you for your reply. Do you have any idea what type of injunction it might be?

if there’s a history of abuse, he keeps doing this despite you asking him in writing to stop, and it makes you feel unsafe, you can apply for a non-molestation order.

Alternatively, can you do pick-ups and drop offs to gain more control? Or could you swap days so that exchanges are done at school?

Thank you. I Started this thread because I’d previously started one asking if I’m being unreasonable to want to go for a normal molestation order and was told that I wouldn’t get one for this! This is why I decided to explore on a legal thread whether I could go down on alternative route for trespass on my property because surely there must be some way to stop people doing this.

Unfortunately, the court order stipulate he has to do the legwork with drop-offs and pick ups and it can't be changed because of my personal circumstances. The children can’t be dropped off and picked up at school because it involves no overnight stays and is often only for a few hours but changes each time, depending on what DC can cope with and feels like at the time. DC always wants to come home straight after school to rest before then going out to see their Dad and sometimes it’s cancelled altogether and is just a phone call instead.

You’d probably struggle to get a NMO for this, if it’s the only behaviours you have a problem with. I understand how triggering it is, though.

Could you get some very sheer roller blinds for better privacy and keep them down for the day when he’s due to have the children? Or cafe-style window shutters which would still leave the top of the window open? Plant a big bush in front of the window or put plant pots there so he can’t get close?

You can get an injunction to prevent access to your land. However if he has to be there, it’s difficult. I might go and see a solicitor though - could he wait on the pavement? I’d go and ask but you will need money to get anywhere with this route.

Cameras. Save the timestamped footage of him doing it somewhere safe and separate. Build a record of harassment and invasive behaviour, preferably include footage/text of you asking him to stop peering into your windows.

How does he get into the garden? Can there be a locked gate?

Thank you for the time to reply. it seems that it’s not a cut and dried case because I have as many people saying I wouldn’t get any kind of order as I do those suggesting I go for it. In terms of modifying my house in someway, I could alter it in a way I don’t particularly want it to be (for example obscuring windows and keeping the light out for periods of time or even permanently) light, and being able to see outside is so important to me and it's a really nice view out front. I would feel that he is managing to control and ruin my life even when he’s not living with me. I want to try and avoid that if I can, and have my freedom in the way that I want it, which does mean to be able to see out my front windows. However, sometimes we just have to pick out poison on life, don’t we, and it may be I just have to decide.
I do have front door footage I could use but it won’t mean anything other than to corroborate what I’m saying. I don’t think he would deny any of what he’s doing, but just act injured and say that I have a problem for not accepting him doing it.

You can get window film, you can see out but no one can see in, it attaches to the glass, you can do it yourself or ask a window fitter if they'll do it for you.

Since you might struggle to resolve this legally, while you pursue it, you could try mirror film, which would stop him from seeing in while not reducing your view or light.
And/or a locked gate or bollards which would stop him accessing your drive.

It's called window privacy film, at night you'd have to draw the blinds or curtains. For the drive can you install a remotd control bollard.

I think this could be the same stuff the window fitter said he had used before and didn't rate that much. He felt it massively reduced light and you could see in too easily if you put your nose up against it (which he does).

It's not meant to reduce light but according to the windowfitter that installed my blinds, it does. And it only works from the distance of the road, not really close up. But maybe I should shop around and see if they are all the same or not.
I could go back to blocking the driveway but it was a pain to keep moving pots for food delivery and visitors I do want to park there. I don't much like the idea of bollards because I feel it would ruin my nice driveway but maybe I simply have no choice. I suppose I wanted to have the law protect me so I am not forced to go to extreme measures I'm not particularly keen on doing.

I have window film and it works very well. Can’t see in at all from the outside.

Do you? Do they reduce light and can you not see in even with nose to window?

@User2001 I would also go to court to get pick up times and times with the dad regularized. It should not be random. Then you know what the routine is and if he’s around outside allocated times, he’s harassing you. Random times are not great for dc and lead to this sort of nuisance. If you knew when he was coming a light cotton roller blind works. I don’t like the film.