In most cases, unlawful entry is the consequence of the owner’s absence.
In most jurisdictions, every individual has the right to take precautions to prevent unauthorized access to their property when they deem it to be necessary.
But not all allow a homeowner to use lethal force to deter unauthorized entry.
Legal repercussions are subject to either criminal or civil court jurisdictions, depending on the seriousness and circumstances of the unauthorized entry.
In this article, we shall discuss the process of filing a lawsuit against Unlawful entry.
What Is Unlawful Entry?
Unauthorized entry occurs when someone enters another person’s property without that person’s permission. Unlawful entry is a crime in and of itself, as well as a prerequisite to the commission of other crimes for which it serves as an element.
An unlawful entry lawsuit might include the following consequences—
- Breaking and entering.
Force or fraud against another person can also be used to gain Unlawful entry against the law. Fraudulent entry involves lying or being dishonest to gain entry.
Steps To File A Lawsuit Against Unlawful Entry
If you have evidence against unlawful entry and have the necessary paperwork, you can file charges against trespassers. Like any other lawsuit, a trespass suit is filed in court.
Here are the major steps you need to follow when filing the lawsuit—
1. Proving Property Ownership
Proving your ownership is the elementary step toward reclaiming your space legally. For this, you can follow one of the methods mentioned below—
- Ownership deep– This is the easiest method so far. You can simply produce a copy of the deed to prove your ownership.
- Purchase documents– If you have misplaced the deed or it’s not available, the next method is getting your purchase documents.
- Property tax papers– You can also produce the papers and receipts of the property tax that you paid.
- Insurance– Even property insurance papers can prove your ownership of the place.
2. Identifying The Trespasser
Identifying the trespasser is extremely important. You can sue the person then and there once you know who’s doing it.
Here are some ways to recognize or get hold of a trespasser—
- Use security locks– Modern security locks have several sensors that can inform you as soon as someone tries to trespass your property.
- Keep your property lit– Chances of trespassing are higher at night. Therefore if you keep your place well-lit, you can easily recognize the person trying to unlawfully enter your property.
- Security cameras– Surveillance is the best method to keep trespassers at bay. It will help you enhance the security of your property, recognize intruders and record the time and everything related to the act.
3. Filing The Lawsuit
The requirements for filing a lawsuit are different in each state. Generally, a person must show that they have been injured or damaged by another party’s negligence, intentional misconduct, or other wrongful act.
It is often a long and tedious process with many steps that you have to take—
- The first step in the process is to find a lawyer who specializes in cases related to Unlawful entry and then file your complaint in court.
- In order to file your complaint with the court, you need to fill out forms that will include information such as your name, address, phone number, and other identifying information.
It will also ask for some basic background on what happened and why you are suing.
- Next, you will need to attach copies of any paperwork that supports your claim for damages or other relief.
Once these forms are filed with the court clerk, they will be reviewed by a judge who may make changes or corrections before it becomes official.
In general, depending on the circumstance, trespassing charges can be either criminal or civil, ranging in severity. Depending on the circumstances, different punishments may be imposed for criminal trespass.
Just as a criminal defense lawyer can provide information on minor cases, the accused can retain criminal defense attorneys for first-degree trespassing and assault.
If you have a trespass case, you might think about looking through attorney listings so that you can establish a private relationship and review your case.