Is it legal to file a trespass in this case?

So my roommates and I are having a dispute on a lot of things. They left for the weekend and came back to somecrap in their toilet, which no one that I know did it. So they put a trespass charge on my boyfriend without the consent of me or my sister, but my other two roomates consented to, trying to retaliate for us ';using'; their toliet when we really didn't. I was wondering if that is legal and right according to the Iowa law?Is it legal to file a trespass in this case?
I'll keep my opinion out and give you straight from the Iowa law on Trespassing. If he actually got the charge, these are the excerpts I'm assuming the Police used in order to do it. In the source I've placed the link to this particualr Iowa law.





Trespass is defined as follows in Iowa Code 搂 716.7:





';...d. Being upon or in property and wrongfully using, removing


therefrom, altering, damaging, harassing, or placing thereon or


therein anything animate or inanimate, without the implied or actual


permission of the owner, lessee, or person in lawful possession. ';





Then again, if your boyfriend had your permission to be there..





';...b. Entering or remaining upon or in property without justification


after being notified or requested to abstain from entering or to


remove or vacate therefrom by the owner, lessee, or person in lawful


possession, or the agent or employee of the owner, lessee, or person


in lawful possession, or by any peace officer, magistrate, or public


employee whose duty it is to supervise the use or maintenance of the


property. ';





Basically, you need to find out what porition of the code was used to actually write the summons for Trespassing and go from there. It could be a defense to trespass if you being a legal resident to that domicile, you gave legal concent for him to be in the home.





Enough of the legal-ese. heh Go talk to your local police or Sheriff and talk with them about the law itself. I wouldnt go into the case if its going to be prosecuted. Talk to a lawyer about it if its going in that direction.