The answer is NO but I have handled cases where clients have been arrested by the police and charged by the State Attorney’s office with a burglary of an apartment they shared with a girlfriend or boyfriend.
On August 23, 2011, the 1st District Court of Appeals (the DCA that covers Jacksonville) issued a ruling in Breen v. State finding it was error on the circuit court to allow a defendant to be convicted of burglary of a dwelling where evidence established that defendant entered apartment he shared with girlfriend, he was paying at least half the bills and expenses for the apartment, and his belongings were still in the apartment; and
there was no evidence that girlfriend revoked her consent to defendant living
in the apartment.
BE CAREFUL when in domestic disputes with a boyfriend/girlfriend
the police will be quick to act if they are called and will often arrest first
and ask questions later. Going to a friends house for the night is a heck of a
lot cheaper then fighting a criminal case. However, if you find yourself
charged with a crime after a domestic dispute call our office we’re here to
help.