# how a no tresspassing order is issued for public property



## Hazz124 (Jun 19, 2009)

I live in the town of Rockland MA and I am wondering if a no trespassing order is taken out on a individual to stay off all Rockland public School properties is that individuals parent to be notified by a court, town or any form of letter or is a verbal one to a minor all that is needed?


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## Nightstalker (Jul 25, 2006)

Hazz124 said:


> I live in the town of Rockland MA and I am wondering if a no trespassing order is taken out on a individual to stay off all Rockland public School properties is that individuals parent to be notified by a court, town or any form of letter or is a verbal one to a minor all that is needed?


Let me see here... So, your kid was kicked out of school and told not to come back.... and now he wants to use the basketball hoops now that school is on summer vacation?

HINT: If the "individual" was warned to stay away from a location, I would take the advice. The next action probably wont come with a friendly warning.


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## NEPS (Aug 29, 2006)

Hazz124 said:


> I live in the town of Rockland MA and I am wondering if a no trespassing order is taken out on a individual to stay off all Rockland public School properties is that individuals parent to be notified by a court, town or any form of letter or is a verbal one to a minor all that is needed?


People use the term "no trespassing order", but there really is no such thing. All that is required is that the owner of property notify the unwanted person to leave the property or not to come on the property. An oral notice would be sufficient. No involvement of the court is necessary.

The principal of a school is the person in charge of a school building. It would typically be for him or her to notify any person not to come on the property. If the person has not been orally informed, the principal could send a letter. Even if there was an oral notice, the principal would probably send a letter to create a record. A copy might be sent to the police department so its officers could take notice as well. The letter would be sent to the individual, not the parent, because the notice must be given to the person who is forbidden to trespass. A letter is place in the US mail, if not returned, is presumed delivered to the addressee, meaning the addressee would have notice that he or she may not come on the property. If one wishes to prove trespassing in court, one must prove that the trespasser received some form of notice.

The parent does not have to be notified.

I would suppose the superintendent of a school system could provide notice for all school department property.

Trespassing is Massachusetts General Laws Chapter 120, section 120 and may be found at M.G.L. - Chapter 266, Section 120


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## 94c (Oct 21, 2005)

NEPS said:


> People use the term "no trespassing order", but there really is no such thing. All that is required is that the owner of property notify the unwanted person to leave the property or not to come on the property. An oral notice would be sufficient. No involvement of the court is necessary.


We try to get written notice whenever possible. That way there's a record of it for another day and another officer.


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## NEPS (Aug 29, 2006)

mtc said:


> I'd think if a minor was ordered away from school property, the parent's would be notified.


You might think, but the cases that I have seen say that the person forbidden to be on the property, minor or not, is the one who must be told that he may not trespass.

The parents must be notified when a complaint is filed in juvenile court for the trespassing offense.


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