To get a no trespassing order against a specific person, you file a petition for a civil injunction in your local court, present evidence that the person keeps coming onto your property after being warned, and ask a judge to prohibit them from returning. The court will expect you to have tried simpler steps first: posted signs, a written warning, and usually a police report or two. If those failed, the injunction is the escalation that carries contempt-of-court penalties on top of ordinary trespass laws.
The full path has several stages. Skipping ahead to court without the paperwork trail behind you tends to end with a judge telling you to go back and build one.
Try Signs and a Written Warning First
Every state’s criminal trespass law shares one element: the person entering the property must have received notice that entry was forbidden. Give that notice properly and police can often handle the problem without a judge.
“No Trespassing” signs put the general public on notice. Requirements vary by jurisdiction, and some states specify minimum letter height (often two inches), spacing along boundary lines, and whether the owner’s name must appear. Place signs at every entry point, at property corners, and at intervals visible from any approach. Make them legible and weather-durable.
Signs work best against strangers. For someone you already know who keeps showing up, send a written trespass warning letter. Include your name and address, a clear description of the property, the name of the person being warned, a plain statement that they are not permitted on the property, and the date. Send it by certified mail with return receipt and keep a copy. A verbal warning is legally sufficient in most jurisdictions, but a written warning with a delivery receipt is far easier to prove later.
Police can also issue a trespass warning on your behalf. When officers verbally warn someone that returning constitutes criminal trespass, the department records it, and that record becomes the foundation for an arrest if the person comes back.
When a Court Order Is Actually Worth the Trouble
A civil injunction becomes worth pursuing when informal measures have failed. The situations tend to share features: the trespasser has been warned repeatedly, police reports have been filed, and the person keeps returning. It also makes sense when the trespass involves threats or harassment that make you fear for your safety, or when you want an enforceable order that carries contempt penalties beyond a simple trespass arrest.
A written warning backed by a police report handles most problems. A court order is the escalation you use when someone has demonstrated they will ignore everything short of a judge’s direct command. Filing fees, evidence gathering, a hearing, and formal service on the other party all take time and money, so a one-time incident that police can handle on the spot is not the right case for court.
Who Can File
To petition for a no-trespass injunction, you need standing: a legal interest in the property. You own it, you lease it, or you have some other recognized authority over the premises. Bring documentation. A property deed, mortgage statement, lease agreement, or property management contract all work.
The Evidence a Judge Will Want to See
Judges grant these orders when you show a clear pattern of behavior and evidence that you tried to resolve the situation before coming to court. Walking in with a single incident and no prior warning will probably send you home to send a warning letter first.
- Police reports from any time you called about the trespasser. Multiple reports showing a pattern are particularly persuasive.
- Your written trespass warning letter, with the certified mail receipt proving delivery.
- Photographs or video: security camera footage, timestamped photos of the person on your property, or images of damage.
- Witness statements from neighbors or others who saw the trespassing, with their contact information.
- A dated log showing when each incident occurred and what happened.
Preparing and Filing the Petition
The petition or application for a civil injunction is usually available at your local courthouse or on the court’s website. You fill out your information, identify the respondent, describe the property, and explain why the order is necessary. Attach your supporting evidence.
Most courts require a sworn statement, sometimes called a verified petition or affidavit, in which you describe the facts under penalty of perjury. Be specific. “John Smith entered my property at 123 Main Street on March 4, 2026 at approximately 2:00 PM despite having received a written trespass warning on February 15, 2026” is far more useful to the court than “the respondent repeatedly trespasses.” Vague or emotional language does not help.
Filing Fees and Waivers
Filing fees vary by jurisdiction. Expect somewhere between $50 and $250. Call the clerk’s office before filing to confirm the exact amount and accepted payment methods.
If you cannot afford the fee, ask the court to waive it. Federal courts allow any person to proceed without prepaying fees by filing an affidavit showing they are unable to pay; the affidavit must include a statement of all assets and explain the nature of the case.1Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings in Forma Pauperis State courts have similar provisions, often tied to income thresholds or enrollment in public assistance programs. Ask the clerk for the fee waiver application when you pick up the petition forms.
Emergency Orders Without a Hearing
If the situation involves an immediate threat to your safety or property, you may be able to get a temporary restraining order without waiting for the other party to be notified. These ex parte orders exist for situations where waiting for a full hearing would cause irreparable harm.
Under the federal rules, a court can issue a temporary restraining order without notice to the other side only if the applicant’s affidavit or verified complaint clearly shows that immediate and irreparable injury will result before the other party can be heard. The applicant must also explain what efforts were made to give notice, or why notice should not be required.2Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders State court standards are similar, often requiring a showing of “clear and present danger” or imminent harm.
A temporary restraining order issued without notice expires within 14 days unless the court extends it for good cause or the respondent agrees to a longer extension.2Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders During that window, the court schedules a full hearing where the respondent can appear and argue. If you are granted an emergency order, prepare for that follow-up hearing right away; 14 days goes fast.
Courts may also require you to post a security bond when granting a restraining order or preliminary injunction. The bond protects the respondent if it turns out they were wrongfully restrained.2Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders The amount is set at the court’s discretion, though some courts waive it for low-dollar disputes.
Serving the Respondent
Before the court will hold a hearing, the respondent must be formally notified through service of process. This is a constitutional requirement. An order obtained without proper notice is vulnerable to being thrown out later, so take this step seriously.
Personal service is preferred: someone physically hands the court papers to the respondent. Federal rules allow three main approaches — delivering copies to the individual personally, leaving copies at the person’s home with someone of suitable age and discretion who lives there, or delivering copies to an authorized agent.3Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons State rules generally follow the same pattern.
You cannot serve the papers yourself. A sheriff’s deputy, a licensed process server, or any adult who is not a party to the case handles service. Budget around $50 to $150. Once service is completed, the server signs an affidavit of service confirming what was delivered, when, where, and how. File that affidavit with the court. Without it, you cannot prove the respondent was properly notified.
If the respondent is avoiding service or cannot be located, most jurisdictions allow alternative methods: posting the documents at their last known address, mailing by certified mail, or publishing notice in a newspaper. These require court approval and involve additional fees and delays. If you run into this problem, consulting an attorney is worthwhile because improper service can derail your entire case.
The Hearing
At the hearing, both sides present their case. Bring organized copies of every piece of evidence: property documents, the written trespass warning with proof of delivery, police reports, photographs, video, and witness statements. Live testimony from witnesses willing to attend carries more weight than written statements alone.
The judge evaluates whether you have shown a legitimate need for the injunction. The main factors: whether the trespassing actually occurred, whether the respondent received adequate notice they were not welcome, whether less restrictive measures were tried and failed, and whether the trespassing is likely to continue without a court order. Walk through your timeline clearly and calmly. Organized facts persuade more than emotional testimony.
The respondent has the right to argue against the order. They might claim they had permission, that the property boundaries are disputed, or that the incidents never happened. If the judge grants the order, it will specify which property is covered and may include distance requirements, time restrictions, or other conditions.
People the Order Can’t Keep Out
A no-trespass order bars a specific individual. It does not override other legal rights of access that exist independently, and misunderstanding this creates confrontations that backfire.
- Utility workers with a recorded easement on your property have a legal right to enter the easement area for maintenance and repairs.
- Police officers executing a warrant, responding to an emergency, or acting on probable cause retain their authority to enter. Firefighters and paramedics have similar access.
- Postal workers have an implied license to approach your door or mailbox for delivery. You cannot block USPS from a properly placed mailbox without risking suspension of mail service.
- Court officers and process servers can approach the property to complete service, even when no-trespassing notices are posted.
If your dispute involves someone who may have a legitimate access claim, such as a neighbor using an easement road or a former tenant retrieving belongings, ask the court to address those situations specifically in the order. Ambiguity creates enforcement problems later.
How Long the Order Lasts
Duration depends on the type of order. A temporary restraining order lasts no more than 14 days and exists only to hold the status quo until a full hearing.2Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders A preliminary injunction remains in effect through the litigation. A permanent injunction, issued after a final hearing on the merits, has no automatic expiration; it stays in force until the court modifies or dissolves it.
Either party can ask the court to modify or dissolve the order if circumstances change. Modification requires a motion and, in most cases, another hearing. If your order has a stated expiration date, mark your calendar. Filing for renewal before the order expires is simpler than starting over after it lapses.
When the Order Is Violated
If the person enters your property in violation of the order, you have two enforcement paths, and they are not mutually exclusive.
The first is criminal trespass. Call the police. Someone who enters property after receiving a court order barring them has committed criminal trespass, which in most states is a misdemeanor. Jail sentences typically range from 30 days to 12 months, and fines can accompany the sentence. Trespassing with the intent to commit another crime, or while armed, can elevate the charge to a felony in many jurisdictions.
The second is contempt of court. Violating a court order is contempt, and you can file a motion asking the judge to hold the respondent in contempt. Civil contempt is designed to force compliance and ends the moment the person complies. Criminal contempt is punishment for disobeying the court and carries a defined fine or jail sentence regardless of future behavior.
Either way, document the violation thoroughly. Record the date, time, and details. Preserve security camera footage. Get witness contact information. Strong evidence makes enforcement straightforward; weak evidence turns it into a credibility contest.