To get a trespass order, you file a civil petition for an injunction in your local court, serve the person formally, and show a judge that the trespassing happened and is likely to continue. Before that step, most states expect you to have given the person a clear trespass warning and, usually, called law enforcement at least once. The path from a first unwanted visit to a signed court order is straightforward, but each step builds on the last, and skipping any of them tends to weaken the case.
Start With a Trespass Warning
A trespass warning is the starting point, and in most states it’s all that’s legally required before someone can face criminal charges for returning. The warning can be as simple as telling the person in their presence that they’re not welcome on your property, or a written notice delivered by hand or posted on the land itself.
Criminal trespass laws generally require that the person received some form of notice that entry was forbidden. That notice can take several forms depending on your state’s law: a direct verbal statement, a written letter or notice, posted no-trespassing signs at property entrances, fencing clearly designed to keep people out, or, in a growing number of states, purple paint markings on trees or fence posts along property boundaries.
If someone ignores the warning and comes back, call law enforcement. Police can charge the person with criminal trespass based on your prior warning, and no court order is needed for that step. Keep a copy of any written warning, note the date, time, and circumstances of a verbal one, and if an officer delivered the warning on your behalf, get a copy of that report too. This documentation becomes critical if the problem continues.
When to Move From a Warning to a Court Order
A formal court order, usually a civil injunction, becomes appropriate when warnings and police involvement haven’t stopped the trespassing, or when the situation poses an ongoing threat to your safety or property. A court order is a legally enforceable command backed by the threat of contempt penalties, which carries more weight than a warning alone.
Consider filing when the same person repeatedly enters your property despite warnings, when the trespasser has caused or threatened property damage, when you feel physically unsafe, or when you need a formal legal record to support future enforcement. Courts look at the pattern of behavior, not just a single incident. A one-time trespass by a confused hiker is very different from a neighbor who crosses your boundary weekly after being told to stop.
Filing the Petition
Getting a court order starts with filing a petition or complaint in your local civil court. The court that handles it depends on where your property is located, and the clerk’s office at the courthouse can tell you which forms to use.
Your petition needs to lay out the facts clearly: who is trespassing, where on your property they’re entering, what dates the trespassing occurred, and what harm or threat it creates. Attach every piece of evidence you have. Photographs of the trespasser on your land, security camera footage, written logs of incidents with dates and times, copies of any trespass warnings you delivered, and police reports all strengthen the petition. Specify what you’re asking for: a temporary restraining order, a preliminary injunction, or a permanent injunction.
Filing fees for civil injunction petitions vary widely and generally fall somewhere between nothing and several hundred dollars. Some courts waive fees for people who demonstrate financial hardship. An attorney can help you draft the petition correctly, though many property owners handle straightforward cases on their own using court-provided forms.
Serving the Other Party
After you file, the alleged trespasser must receive formal notice of the legal proceedings through service of process. This usually means a sheriff’s deputy or professional process server physically delivers copies of your filed documents to the person. In most jurisdictions you can’t serve someone yourself. Service fees from sheriffs and process servers typically run between $40 and $75, though costs vary by location. Proper service is non-negotiable. If the trespasser wasn’t properly served, the court won’t proceed, and any order issued could be thrown out later.
The Court Hearing
The court schedules a hearing where both sides can present evidence and arguments. As the property owner, you carry the burden of showing that the trespassing happened, that it was intentional or at least negligent, and that you need a court order to protect your property rights going forward. Bring your documentation, any witnesses, and be ready to explain the timeline clearly.
The judge weighs how often the trespassing occurred, whether you gave adequate notice that entry was unwelcome, whether the trespasser caused damage or posed a safety threat, and whether less restrictive measures failed to stop the behavior. If the trespasser shows up and contests the order, the hearing can look a lot like a small trial, with each side questioning witnesses. Legal representation helps in that scenario, especially if the other side has a lawyer.
Under the Restatement (Second) of Torts, a person commits trespass by intentionally entering land possessed by another, remaining on that land without permission, or failing to remove something they placed on it. The trespasser doesn’t need to have caused actual damage for liability to attach; the unauthorized entry itself is enough.1OpenCasebook. Restatement (Second) of Torts Section 158
Types of Orders a Court Can Issue
Courts have several tools available, and the type of order you receive depends on how urgent the situation is and how far the case has progressed.
- A temporary restraining order (TRO) can be issued quickly, sometimes the same day you file, to address an immediate threat. Under federal rules, a TRO granted without notice to the other party expires within 14 days unless the court extends it for good cause. State court timelines vary but follow a similar logic. A TRO buys time until a full hearing can be held.2Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders
- A preliminary injunction is issued after both sides have been heard but before the case is fully resolved. It stays in effect while the lawsuit is pending and requires the judge to find that you’re likely to succeed on the merits.
- A permanent injunction is issued after a full hearing or trial. Despite the name, it doesn’t always last forever. It remains in effect until the court modifies or dissolves it, which either party can request if circumstances change significantly.
Any of these orders can include specific terms tailored to your situation, such as barring the trespasser from entering certain areas of your property, prohibiting them from coming within a set distance of your boundary, or requiring them to remove structures or objects they placed on your land.
Enforcing the Order
A court order is only as useful as your willingness to enforce it. Once you have an order in hand, keep a certified copy somewhere easily accessible. If the trespasser violates the order, call law enforcement immediately and show officers your copy. In many jurisdictions, trespass orders are entered into law enforcement databases so officers can verify the terms on the spot.
Continue documenting every violation the same way you documented the original trespassing: photographs, video, written notes with dates and times, and witness statements. Each violation creates a separate legal event that can carry its own penalties. Property owners who stop documenting after getting the order often struggle to prove later violations in court.
What a Violation Costs the Trespasser
Violating a court-issued trespass order exposes the person to two separate tracks of consequences.
On the criminal side, trespassing after receiving a court order is typically treated more seriously than ordinary trespass. A first violation is usually charged as a misdemeanor, carrying potential fines and possible jail time. Repeated violations, particularly those involving threats or property damage, can be elevated to felony charges in many jurisdictions. Exact fines and jail terms vary by state, so check your local criminal trespass statute for the specific numbers.
Separately, you can ask the court to hold the violator in contempt for disobeying its order. Civil contempt aims to force compliance; the judge can impose escalating fines or even jail time until the person agrees to obey. Criminal contempt punishes the disobedience itself and can result in fixed fines or a set jail sentence. Courts don’t look kindly on people who ignore their directives, and the judge who issued the original order is often the one handling the contempt hearing.
Who Is Not Actually Trespassing
Not everyone who enters your property without asking is a trespasser, and pursuing an order against someone with a legal right to be there wastes time and money. A few common exceptions:
- Utility easements. Most residential properties have recorded easements giving utility companies the right to access portions of the land to install, maintain, or repair infrastructure like power lines, water pipes, or gas lines. Workers operating within the easement boundaries and performing related work are not trespassing.
- Implied invitations. Delivery drivers, mail carriers, and similar visitors have an implied license to approach your front door using the normal path. Revoking that license requires clear notice, like a posted sign or a locked gate.
- Emergency access. Police, firefighters, and emergency medical personnel can enter private property without permission when responding to an emergency, and no trespass order overrides this authority.
- Government inspections. Certain government officials, such as building inspectors or health department workers, may have statutory authority to enter property under specific circumstances, though in many situations they still need a warrant.
Before filing, check whether the person has a legal right to be on your land. Your county recorder’s office can provide copies of recorded easements, and your deed may reference them directly.
If the Court Denies the Order
If the court denies your petition, you can appeal, but the bar is high. An appellate court doesn’t redo the hearing. It reviews whether the trial court made a legal error that affected the outcome. If you plan to appeal, you need to have raised the legal issue during the original hearing; new arguments introduced for the first time on appeal are almost always rejected. Filing deadlines are strict, often 30 to 60 days after the decision depending on your jurisdiction, and missing the deadline forfeits the right to appeal.
If circumstances change after an order is issued, either party can ask the court to modify or dissolve it. A property owner might need to expand the terms if the trespasser finds new ways to cause problems. The burden falls on whoever is requesting the change to show why it’s warranted.