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Dave Kennett
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Experience:  25 years experience
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I just recieved a no trespassing letter. I am in VA. This was

Customer Question

I just recieved a no trespassing letter. I am in VA. This was not from the police but from a private party by certified letter. Does something have to filed by this person with the local authorites or is this legal?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- The private person has a right to bar you from his or her property. If you trespass in the future and you are on notice then you could be arrested. It is perfectly legal for anyone to notify persons not to trespass on their property. It is not required that the notice come from the police.

 

In order for someone to be charged with trespassing the police usually require that the person is on notice. In your case you have been put on notice so I would recommend that you not go onto this person's property.

 

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27687
Experience: 25 years experience
Dave Kennett and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 6 years ago.
What can I do to keep her away from me and my family? I think Va does not have a restraining order but maybe a peace warrant?
Expert:  Dave Kennett replied 6 years ago.

You additional facts did not appear in your question. I was under the assumption that she was requesting that you not come around her and now it seems to be the other way around. I really don't know exactly what you are asking but if she is threatening you then you need to call the police.

 

You have a right to be in your boyfriend's car but not to go into this person's house or onto her property. If she comes onto your property you can file trespassing charges against her. Unless you can show that she presents some danger to your person there's really not much you can do about her personality.

 

I'm just not certain from your statements whether it is you that received the "no trespassing" letter or her. You said it was from her but then you are asking how to keep her away from you.

 

Each of you has the right to your own property so staying away from her seems to be the best solution. The police just will not get involved in these situations unless there is some real threat of violence.

 

Dave Kennett

Customer: replied 6 years ago.
She sent me the letter not to trespass, and I will abide by that. Thank you for your info. I was assuming that a sheriff would have to serve me with a notice and thought that she could not do it the way that she did.
I just now want her to be kept away from me and my family.She drives by my home constantly. My other question is can I do something to stop her from her actions? She has not threatened me but attempted to make my teenage daughter wreck her car over a year ago. Charges against her were dismissed. She tried the same thing with her ex husband a few years ago and was arrested. Both times her children were in her car.
Expert:  Dave Kennett replied 6 years ago.

Driving by your house is not trespassing since I assume it is a public street. the more you let her know that she is bothering you the more she will keep up the nonsense. My advice to my clients in these situations is to ignore the person and usually they go away. If she comes on your property call the police and you can also send her a letter similar to the one she sent you.

 

All of this is likely a result of jealousy and it is a difficult situation to solve. Hopefully over time she will find other interests. As long as there is no real threat of violence there's really not much you can do.

 

Dave Kennett

Customer: replied 6 years ago.
Thank you!
Expert:  Dave Kennett replied 6 years ago.
No problem and thanks for using our service - Dave

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