Question for Charles Cotton, LEO, Or Others: Trespass Laws

[Running Arrow Bill]

What are the penalties and/or procedures in Texas for telling someone you don't want them back on your property?

I know that if no weapon is displayed it is "simple trespass". If weapon, it is "criminal trespass".

Given that:

What you should say (a) verbally, (b) in a phone call, or (c) in an e-mail.

I don't want to be liable for "slander" or other legal reprocussion.

After giving someone proper notice, is it advisable to call your County Sheriff and report the contact with time & date of giving the person(s) said notice?

Thanks,

Bill

[G.A. Heath]

Not a LEO, or Mr. Cotton, but I do have some experience with this subject. Always call your local Law enforcement and request that they issue a trespass warning to the party. You have a number of ways to establish notice for trespass: one is with signage, another is purple paint, another is that the property is used for agricultural use, and another is verbal. Verbal is the most difficult to prove and as a many jurisdictions will not file charges for verbal notice unless a previous case involved a criminal trespass warning being issued.

[Running Arrow Bill]

Our property is "posted" with our Association's signs on the gates.

The current question relates to a specific "person of interest" that creatively and perhaps "narcissistly" (sp) beat us out of some $$ last year and has occasionally "appeared" to do a curiosity visit to snoop...lol. The POI has not accepted the fact that they are no longer welcome here, based on our bad debt write-off of their boarding/breeding charges for animals they had here last year. They haven't made any threats...allegedly just passing comments to others that we are the "bad guys"...lol. (There are rumors around here that they have conned some others too...)

[G.A. Heath]

In that case I would definitely contact your local law enforcement and have them serve this party with a criminal trespass warning. Should the party appear again I would call the local law enforcement and have them charged.

[srothstein]

First, one minor technical correction, but any violation of PC 30.05 is called criminal trespass. The only difference in having a weapon or not is the penalty.

The law just requires that you give the person prior notice and does not specify any method for this notice. But, real world scenarios always differ. The county prosecutor (or DA in some counties where the office is combined) will probably want some proof that the notice was given. The police might have a say in what they will require for them to arrest also. So, I would go with some form of written notice. Call the local police and ask how they would handle this. They may want to be on hand when you tell them. They may want nothing to do with it. Nothing in the law requires them to be involved in the notice and different agencies have different policies. If they do not want to be involved in delivering the notice, I would send a letter by registered mail, return receipt required. This way you keep a copy with your receipt and it is pretty conclusive proof of the written notice. If the police will deliver the notice, they may require you to go with them and tell the person in front of them. Document this and keep the case number from the police where you can refer to it. If you ever need to file charges, the case number will be required.

Another to consider is the duration of the notice itself. You can put a time limit on it, or the police or DA may limit it in time. I have seen cases where the police consider it to have a limit of one or two years because they think most people will forget about it after that. Make sure you specify that this is permanent in the written letter. Also, make sure you call the police and prosecute for ANY violation of the trespass notice. If you see the person on your property and just remind them that they are not wanted there, the police may say it has been revoked by not prosecuting. If you had a big public party and they came and you did not prosecute, the police (or the defense lawyer later) may say the person thought it was revoked because you had allowed them back on. Giving a criminal trespass notice should be a big decision and a permanent one and you need to enforce it via the police every time thereafter.

[tacticool]

Our property is "posted" with our Association's signs on the gates.

The current question relates to a specific "person of interest" that creatively and perhaps "narcissistly" (sp) beat us out of some $$ last year and has occasionally "appeared" to do a curiosity visit to snoop...lol. The POI has not accepted the fact that they are no longer welcome here, based on our bad debt write-off of their boarding/breeding charges for animals they had here last year. They haven't made any threats...allegedly just passing comments to others that we are the "bad guys"...lol. (There are rumors around here that they have conned some others too...)

Sounds like a stalker. I would call the cops.

If they can't or won't do anything, your wife should call the local TV station with the most aggressive investigative journalist and tell them about the stalker and how the cops won't do anything.

[gigag04]

Criminal Tresspass penalties vary for the type of real property tresspassed
Ie: property, building, habitation, critical superstructure, etc.

[JNMAR]

Criminal Tresspass penalties vary for the type of real property tresspassed
Ie: property, building, habitation, critical superstructure, etc.

"Critical Superstructure"??? That sounds like my ex-motherinlaw...lol...sorry back on topic.

[Salty1]

Have you thought about sending them a formal letter by certified mail informing them to stay off of your property? Keep a copy of the letter and delivery receipt in your files...... If they show up that will tilt the conversation with the PEO's to your side..