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  1. #1

    Default Notice of Criminal Trespass

    In Texas, is there a form for "Notice of Criminal Trespass" that would be filled out and read to, or sent certified to the party that you wanted to notify that they are not welcome on your property?

    If yes, where can this form be found?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Texas "Notice of Criminal Trespass"

    What happened when you Googled your question?

  3. #3

    Default Re: Notice of Criminal Trespass

    Google search does not provide the document or a link for Texas. Police Dept. states there is a document but can not provide the source. Have found some examples from other states n PDF format.

  4. #4

    Default Re: Notice of Criminal Trespass

    In lots of states, the source of the document is the police dept. itself. When police are called, they arrive on scene and issue a written warning (usually on a preprinted card). The person's name goes in a file at the police dept. If they are discovered on the property again within the specified time frame (usually either 6 months or a year) THEN they can be arrested for criminal trespass. Texas is a bit more lenient, as they let the property owner do it without the police, so long as the notice requirements are followed:

    http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

    scroll down to chapter 30.05 for the details
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  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,868

    Default Re: Notice of Criminal Trespass

    Note also that a trespass notice is likely only temporary and may not be enforceable by itself. It is not meant to be a way to circumvent restraining orders which would require judicial oversight of your claim. All because you send them a letter does not mean that the crime of trespassing has occurred if they enter onto your property.

    In my state these notices are generally valid for 30 days and still require that the person to be cited or arrested have no otherwise lawful purpose on the property.

    - Carl
    A Nor Cal Cop Sergeant

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    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6

    Default Re: Notice of Criminal Trespass

    Thanks for the replies.

    So I am now stuck with placing "No trespasing" signs in the yard and on the home.

    Still have not found a god Notice of trespass document and will use a template type referencing 30.05 Texas code.

    I had one last question, In my daughters protective order hearing, i had photographed damages to her automobile that were a result of the splitup. As witness under questioning, when asked about my relationship with the X, I stated I had no relationship with the X and that they were not allowed on my prperty or in my home. This is in transcripts. So the parties were well aware they were not welcome and that being on my property would only lead to a dangerous situation. Can that testimony be used in this instance?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,868

    Default Re: Notice of Criminal Trespass

    Contact your local police agency and ask them about the trespass notice and procedure.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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