How Long Does a Criminal Trespass Warning Last in Texas?
A criminal trespass warning is a legal order issued by a property owner or their authorized representative, prohibiting an individual from entering or remaining on the property. In Texas, the length of time a criminal trespass warning remains in effect is governed by state law and can vary depending on the circumstances. In this article, we will explore the duration of a criminal trespass warning in Texas and what you can expect if you receive one.
Initial Duration
In Texas, a criminal trespass warning issued by a property owner or their authorized representative is valid for 24 hours from the time it is issued. This means that if you receive a trespass warning, you are required to leave the property and not return for at least 24 hours.
Extension of the Warning
However, the property owner or their authorized representative may choose to extend the duration of the warning. Extensions can be made in writing and must specify the new expiration date of the warning. The extended warning period can be up to 30 days from the original issue date.
Court Order
In some cases, a criminal trespass warning can be extended or made permanent through a court order. If the property owner files a petition with the court and obtains a restraining order, the warning can remain in effect for up to 2 years. A court order can also be used to modify or terminate the warning if circumstances change.
Consequences of Violating a Criminal Trespass Warning
Violating a criminal trespass warning in Texas can result in serious consequences, including:
• Class C Misdemeanor: A first-time violation is punishable by a fine up to $500.
• Class B Misdemeanor: A second or subsequent violation is punishable by a fine up to $2,000 and/or up to 180 days in jail.
• Felony: In extreme cases, a violation can be charged as a felony, punishable by up to 10 years in prison.
Key Takeaways
Here are some important points to keep in mind:
• A criminal trespass warning in Texas is valid for 24 hours from the time it is issued.
• The warning can be extended in writing for up to 30 days from the original issue date.
• A court order can extend or modify the warning for up to 2 years.
• Violating a criminal trespass warning can result in serious consequences, including fines and/or imprisonment.
• It is essential to respect the warning and refrain from returning to the property until the warning has expired or has been modified or terminated by a court order.
Table: Criminal Trespass Warning Duration
| Duration | Description |
|---|---|
| 24 hours | Initial duration of a criminal trespass warning issued by a property owner or their authorized representative. |
| 30 days | Maximum duration of an extended criminal trespass warning. |
| Up to 2 years | Duration of a criminal trespass warning extended or made permanent through a court order. |
Conclusion
In conclusion, a criminal trespass warning in Texas is a serious legal order that must be respected. Understanding the duration of the warning is crucial to avoiding serious consequences. If you receive a criminal trespass warning, be sure to leave the property and not return until the warning has expired or has been modified or terminated by a court order. Remember to respect the warning and refrain from violating it, as the consequences can be severe.
