# No tresspass "order"



## Nightstalker (Jul 25, 2006)

I have a person that shows up at my house all the time. I have told them numerous times they were not welcome at my house. Today, I handed them a letter stating the following only to be told it could not be enforced by the police department. So maybe someone can tell me exactly how to go about this. See below - Censored for obvious reasons.

This letter is to inform you of the fact that as of today XXXX, you are no longer allowed in or around the premises of XXXXX, for any reason whatsoever. If you are seen in or around the premises at XXXXXX you will hereafter be considered as a "Trespasser" and the XXXXX Police Department will be called to ARREST you. This notice will serve to comply with the Massachusetts General Law CH266 s120, in that you were given written notice. 
A copy of this letter will be sent to the XXXX Police Department for their information.​


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## OfficerObie59 (Sep 14, 2007)

Seems pretty airtight to me, though I'd have not out in this part:


Nightstalker said:


> and the XXXXX Police Department will be called to ARREST you.


Officer's arrest for trespassing under § 120 is in presence only, meaning if he shows up and you call the cops, but he leaves before they arrive, the cops can't arrest. You may be told to file your own complaint thereafter.

In addition, you have to prove he actually received the notice before any officer worth his salt will put his ass on the line to make a arrest.

Did you ask the PD what action they recommend? Some PD's like mine also have triple carbon trespass notices we complete on scene when a party requests we provide the notices--one to each party and the third stays on file at the PD. All parties and the officer sign off.


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## Harley387 (May 1, 2002)

I would enforce it. The notice doesn't even need to be written. It's just prefferred. Why won't they enforce it?


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## KozmoKramer (Apr 25, 2004)

Nightstalker - get it on videotape that you instructed the clown to stay off your property, now you have something tangible to present to the PD if he\she returns.


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## Guest (Jul 28, 2009)

Stick a note on your door stating "No Trespassing: Police Take Notice"


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## MetrowestPD (Oct 21, 2008)

My Guess the reason they will not enforce it is because of service/notice. You need to have an independent party serve them (police officer, constable etc...) or at least give them the letter in the presence of the police. The police will not rely on your word that they were served.

I would also take out the phrase around the premises, you can only limit them access to what you control.


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## Boston Irish Lass (Feb 13, 2009)

WWKD? 

Aw come on.....What Would Korey Do?

In all seriousness though - any reason you haven't gotten a restraining order against this person?


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## mikey742 (Mar 4, 2005)

Nightstalker here are some trespass notice that I found on line if you want to use them.

http://www.police.west-tisbury.ma.us/Documents/trespass notice.pdf

http://www.winchendon.citymax.com/f/TrespassNotice.pdf

Barnstable Police Department Official Website - Trespass Notice


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## MetrowestPD (Oct 21, 2008)

Boston Irish Lass said:


> WWKD?
> 
> Aw come on.....What Would Korey Do?
> 
> In all seriousness though - any reason you haven't gotten a restraining order against this person?


BIL,

You have to fall under a certain criteria to get an RO. Dating relationship, child in common, blood relative, married, former spouse.
You can't just get them on anyone.


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## Boston Irish Lass (Feb 13, 2009)

MetrowestPD said:


> BIL,
> 
> You have to fall under a certain criteria to get an RO. Dating relationship, child in common, blood relative, married, former spouse.
> You can't just get them on anyone.


Oh. I mean I know you can't slap them on the religious nuts trying to hand me pamphlets, but I thought they were for well, keeping unwanted harassing people away from you. I had no idea there had to be a relationship of sorts. Thank you.

What about looking into a stalking angle? (Big surprise here I don't know what's needed for that either). There must be *something* that can be done. That must be a lousy position to be in if it's reached this level of frustration.

Can you paintball them from a window up above or something?

Wait a minute, is it your mother in law?


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## grn3charlie (Jul 18, 2005)

WWKD?

The whacker would "subdude" the wanker! Imangine that!


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## PatrolDB (Jul 23, 2008)

MetrowestPD said:


> BIL,
> 
> You have to fall under a certain criteria to get an RO. Dating relationship, child in common, blood relative, married, former spouse.
> You can't just get them on anyone.


I believe the relationship between the homeowner and trespasser has been left out but if the person keeps going to their house, I'm sure there is some type of relationship...


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## shawnl2213 (May 5, 2008)

Send it certified mail.


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## 263FPD (Oct 29, 2004)

To be worded like this;

Notice Of Trespass

Date

Name

Address

Date of Birth

SS#

To: XXX

This letter is to inform you that you are no longer allowed at:

As of: (Date)

If you are found on the above named property, the Police will be called, and under Massachusetts General Law, Chapter 266, Section 120 (Trespassing after being forbidden to do so), you will be subject to arrest.

The (Any town) Police has been notified, and given a copy of this letter for their records.

Sincerely,

___________________
Name of Property Owner

___________________
Address of Property

Return of service

I___________did serve in-hand, to the person named above, an original copy of this notice.

Date________ Location___________

Signature__________ Title of person making service_______________

*One copy for the PD records, *
*One copy for the property owner, *
*Original to be served to the subject.*


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## Nightstalker (Jul 25, 2006)

Thanks to everyone who replied. 

I handed this letter to the person in front of an officer. I also gave a copy to the responding officer and my property owner. 

The only instruction from the local PD was to seek a restraining order but was told there was a slim chance one would be issued as I am not in fear for my life.... 

I believe part of the issue here is the person works for the PD so noone wants to get involved. I am trying to go by the book as much as possible but it doesnt appear to be getting me anywhere.


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## 263FPD (Oct 29, 2004)

Nightstalker said:


> Thanks to everyone who replied.
> 
> I handed this letter to the person in front of an officer. I also gave a copy to the responding officer and my property owner.
> 
> ...


Slim? Actually no chance. Not in fear = no R.O., at least in my district court.


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## 263FPD (Oct 29, 2004)

Nightstalker said:


> _*I have a person that shows up at my house all the time. I have told them numerous times they were not welcome at my house. Today, I handed them a letter stating the following only to be told it could not be enforced by the police department.*_ So maybe someone can tell me exactly how to go about this. See below - Censored for obvious reasons.
> This letter is to inform you of the fact that as of today XXXX, you are no longer allowed in or around the premises of XXXXX, for any reason whatsoever. If you are seen in or around the premises at XXXXXX you will hereafter be considered as a "Trespasser" and the XXXXX Police Department will be called to ARREST you. This notice will serve to comply with the Massachusetts General Law CH266 s120, in that you were given written notice.
> A copy of this letter will be sent to the XXXX Police Department for their information.​


You say in you later post "_* I believe part of the issue here is the person works for the PD so noone wants to get involved. I am trying to go by the book as much as possible but it doesnt appear to be getting me anywhere."*_

Are you having numerous loud parties at the home and it's the same cop showing up? What do you mean this person works for the PD?


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## LGriffin (Apr 2, 2009)

We advise those seeking a Trespass order to send the notice USPS certified return receipt requested and put a copy on file at the station as well. Use 263FPD's form.
Good luck!


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## Nightstalker (Jul 25, 2006)

263FPD said:


> You say in you later post "_* I believe part of the issue here is the person works for the PD so noone wants to get involved. I am trying to go by the book as much as possible but it doesnt appear to be getting me anywhere."*_
> 
> Are you having numerous loud parties at the home and it's the same cop showing up? What do you mean this person works for the PD?


lol 263!!!! Thats too funny... No. Parties. In fact, The police have never been to my house aside from this incident. This person is a civilian employee not a LEO who simply wont leave me alone.


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## LongKnife56 (Sep 9, 2008)

Maybe it's the groundskeeper for police station who wants to get additional work mowing his lawn?


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## 263FPD (Oct 29, 2004)

LongKnife56 said:


> Maybe it's the groundskeeper for police station who wants to get additional work mowing his lawn?


Here goes the Mowing Another Man's Lawn reference.


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