Legal Trespass Order

LEGAL TRESPASS ORDER

Date of Issuance: . This Legal Trespass Order (the "Order") is issued by Property Owner: whose address is and is directed to Recipient (the "Recipient"): , recipient address: , and identification information: DOB , other ID: .

RECITALS

WHEREAS, Owner holds possessory rights and/or control of the real property located at: (the "Property"), including all buildings and appurtenances thereon; and

WHEREAS, Owner has a demonstrable interest in the safety, security and lawful use of the Property and has determined that the presence or conduct of the Recipient on the Property constitutes a threat to the use and enjoyment of the Property by lawful occupants, or otherwise interferes with Owner's rights; and

WHEREAS, Owner wishes to prohibit the Recipient from entering, remaining, or otherwise accessing the Property and to provide notice of that prohibition to the Recipient and to law enforcement so that violations may be addressed consistent with applicable law;

NOW, THEREFORE

For good and valuable consideration, the sufficiency of which is acknowledged, Owner hereby issues this Order and the parties agree as follows.

1. DEFINITIONS

1.1 "Property" means the real property and improvements described above at: and any adjacent areas under Owner's control, including parking areas and outbuildings.

1.2 "Recipient" means the individual or entity identified above who is the subject of this Order. If Recipient is an entity, the authorized representative identified for service is:

2. ORDERED PROHIBITIONS

2.1 Effective immediately as of the Date of Issuance identified above, Recipient is expressly prohibited from the following with respect to the Property:

Prohibited conduct (check all that apply): Enter or attempt to enter the Property
Remain on the Property after being notified to leave
Loiter, solicit, or otherwise congregate on the Property
Remove or damage Owner's property or fixtures
Other (describe):

3. DURATION

3.1 This Order shall be in effect beginning on: .

3.2 This Order shall remain in effect until: . Owner may revoke or modify this Order only by a written instrument signed by Owner and delivered to the Recipient in accordance with Section 5.

4. SERVICE AND NOTICE

4.1 Owner shall effect service of this Order upon Recipient by one or more of the following methods. Check method(s) used and provide details:

Personal delivery to Recipient on:
Certified mail to Recipient addressed above, mailed on:
Posted on Property at:
Other (describe):

4.2 Service is presumed effective upon personal delivery. If mailed or posted as indicated above, service is effective on the date identified or, if no date is provided, three days after mailing or posting. Proof of service shall be retained by Owner and provided to law enforcement on request.

5. ENFORCEMENT AND REMEDIES

5.1 Recipient is hereby notified that violation of this Order may constitute criminal trespass and/or civil trespass under applicable law. Owner hereby requests that law enforcement enforce this Order. Owner authorizes law enforcement to remove or arrest the Recipient for violations of this Order consistent with law. Law enforcement agency authorized to enforce: . Incident/reference number (if any):

5.2 In addition to criminal remedies, Owner retains the right to seek civil remedies including injunction, damages, restitution for loss or damage, and recovery of reasonable attorney's fees and costs incurred in enforcing this Order.

6. EXCEPTIONS AND CONDITIONS

6.1 The following exceptions to this Order are permitted: emergency responders and their agents acting in the course of official duties; other persons expressly authorized in writing by Owner:

6.2 Recipient shall not circumvent this Order by communicating through third parties or by using alternative means to gain access to the Property. Any limited permission granted by Owner in any form must be in writing and specifically identify the Recipient and the permitted times and purposes.

7. CERTIFICATION AND ACKNOWLEDGMENT

7.1 By signing below, Recipient acknowledges receipt of a copy of this Order, understands its prohibitions and consequences, and acknowledges that continuing presence on the Property in violation of this Order may subject Recipient to arrest and civil liability.

8. MISCELLANEOUS

8.1 Governing Law. This Order shall be governed by and construed in accordance with the laws of the state of: .

8.2 Entire Agreement. This Order constitutes the entire written directive between Owner and Recipient with respect to the subject matter hereof and supersedes all prior written or oral notices relating to trespass on the Property.

8.3 Amendments; Waiver. Any amendment or waiver of any provision of this Order must be in writing and signed by Owner. No failure or delay by Owner in exercising any right hereunder shall operate as a waiver.

8.4 Severability. If any provision of this Order is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

8.5 Counterparts. This Order may be executed in counterparts and delivered by electronic or facsimile transmission, each of which shall be deemed an original for all purposes.

NOTICES

All notices, requests and other communications required or permitted under this Order shall be in writing and delivered to the addresses set forth above or such other address as a party may designate in writing. Owner contact for notices:

SERVICE PROVIDER / OFFICER

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