Legal Question in Criminal Law in Michigan

If I ask someone to stay off my property and they don't listen, that's trespassing, right? Do I need a court order to keep them off my property?


Asked on 8/08/14, 6:35 am

2 Answers from Attorneys

Edward Sternisha Law Office of Edward J. Sternisha, PLLC

Generally speaking it would be considered trespassing and you could call the police to have them removed or arrested. However, it is not always that easy. For example, some people may have the right to be on your property. Tenants, easement holders such as phone company, power company, road commission, etc. Family members or people who reside at your property and haven't been properly evicted may have a right to stay until eviction. Basically, more information is needed to give you a complete answer but you normally would not need a court order but if you felt you needed one, you may apply for a Personal Protection Order (PPO) or other court order restraining someone from entering your property. For that, I would suggest contacting a local attorney for guidance. Good luck!

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Answered on 8/08/14, 6:43 am
Jared Austin Austin Legal Services, PLC

As a general rule it is trespassing if you tell someone to get off your property and they do not. However, some people may have a legal right to be there whether you want them to be or not. A lot more information is needed about the specifics of your case before a proper answer can be given. If this person persists, is stalking you, or threatening you, you may want to file for a Personal Protection Order (PPO), which is like a restraining order, with the circuit court. You can always call the police if you believe someone is unlawfully trespassing on your property.

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Answered on 8/09/14, 7:36 am


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