How to File a Trespassing Restraining Order

If someone has been repeatedly entering your private property without permission, even if he or she has committed no other crime, you might be able to file for a trespassing restraining order. The laws concerning this type of criminal order will be different depending on where you live, but all U.S. counties have some version of it. This requires the trespasser to stay outside a certain distance from your property.

In most places, including Houston, Texas, you must have a verifiable history of criminal activity before you can successfully obtain a trespassing restraining order. This means that you should have physical evidence of the trespassing---pictures, video, complaints from neighbors or a corroborating witness---in order to get a judge's signature. You must also be able to prove that the trespasser knows that he or she has entered your private property.

You can, however, file for a trespassing restraining order while you collect evidence, especially since the process can take several weeks to completion. You can obtain the appropriate form(s) from your local district attorney's office, which is usually located in the same building as the county courthouse or annex. Someone at the help desk can get them for you, or direct you to the appropriate office.

Once you have the forms, you can begin the process of filing for a trespassing restraining order. In some cases, you can fill out the forms electronically and send them over the Internet, but many counties in the U.S. do not have sophisticated computer systems that allow this. Plus, turning in forms at the office can sometimes be more effective in getting the restraining order granted quickly. If you aren't sure, ask the courthouse about their preferred method.