No Trespassing Orders in Georgia: How They Work and How to Get One

What Is a No Trespassing Order in Georgia?

A no trespassing order in Georgia is not a formal court order. It is a criminal trespass warning – sometimes called a "ban letter" or criminal trespass notice. A property owner or authorized person gives this notice to someone they want to keep off their property. Once the person receives that notice, any return to the property may qualify as criminal trespass.

In Georgia, three main tools are used to restrict access to property:

• Verbal or written notice from the property owner. The owner, tenant, or authorized rep tells someone directly that they are not welcome. This can be spoken or in writing.
• Criminal trespass warning logged by police. Many Georgia sheriff's offices and police departments will log a criminal trespass warning on file. That creates a record, so responding officers can check that the person got prior notice if they return.
• Court-issued protective order. Family violence protective orders and stalking temporary protective orders are formal court orders with broader reach. They require a petition, a hearing, and specific grounds. They differ from a trespass notice.

The key legal principle is straightforward. One form of criminal trespass is knowingly entering or remaining on another person's property without authority. That form requires prior notice from the owner, rightful occupant, or authorized representative that entry is forbidden. The notice itself transforms an unwanted visit into a potential criminal act.

When You Can Get a No Trespassing Order Against a Person

A no trespassing order against a person is simply notice from the owner, rightful occupant, or authorized representative that entry is forbidden. Many common situations warrant this action. You may have grounds to issue a trespass warning when someone:

• Shows up uninvited and refuses to leave
• Is a former employee who no longer has business on the premises
• Is a former tenant whose lease has ended
• Is a disruptive customer at a business
• Is an ex-partner not covered by a family violence protective order
• Is a neighbor who repeatedly crosses property lines without permission
• Has caused damage or disturbance on the property before

The person issuing the notice must have legal authority over the property. Under Georgia law, valid notice can come from the owner, the rightful occupant, or an authorized rep. An authorized rep must show proper identification.

This type of notice differs from a stalking protective order or a family violence protective order. Those require court involvement and specific statutory grounds. A stalking protective order requires a verified petition. The petition must state specific facts showing that stalking has occurred and may continue. A family violence protective order applies only to specific relationships. These include past or present spouses, co-parents, parents and children, stepparents and stepchildren, foster parents and foster children, and persons living or formerly living in the same household. A criminal trespass warning can apply to anyone the property owner wants to exclude.

How to Get a Trespass Order in Georgia: Step by Step

The process for getting a trespass order in Georgia is more practical than legal. No court filing is required for a standard criminal trespass warning. Here are the typical steps:

1. Document your reasons. Write down why you want the person banned. Include dates and descriptions of prior incidents. Add any evidence such as photos, text messages, or security footage. This record may help later if the person returns and you need to call the police.

2. Prepare a written notice. Draft a clear, written notice of trespassing. Identify the property and name the person being banned. State the date and make clear that they may not enter or remain on the property. The next section covers what to include.

3. Deliver the notice. Georgia law requires that the person receive notice before a future entry becomes criminal trespass. You can hand the notice directly to the person with a witness present. You can send it by certified mail with return receipt. You can also ask a law enforcement officer to serve it.

4. Contact local police. Many Georgia sheriff's offices and city police departments will log a criminal trespass warning on file. This step is important. It gives responding officers a way to check that the person got prior notice. Steps vary by county. Call your local department to ask about its process and any forms it uses.

5. Post signs where appropriate. The criminal trespass statute does not list posted signs as a method of notice. Still, post visible "No Trespassing" signs at property entrances. Signs deter casual entry, but individual notice to a named person is the stronger record.

Rules differ across Georgia's counties and cities. Call your local sheriff's office or police department for guidance in your area.

What a Notice of Trespassing Should Include

A well-drafted notice of trespassing should contain several key elements:

• Full name of the person being banned. Identify them clearly so there is no ambiguity about who the notice applies to.
• Property description. Include the street address and, if helpful, a description of the property boundaries.
• Clear prohibition statement. State plainly that the named person is not permitted to enter or remain on the property.
• Effective date. Note the date the notice takes effect.
• Consequences of violation. State that returning to the property after receiving this notice may result in criminal prosecution for criminal trespass.
• Signature. The property owner, tenant, or authorized agent should sign and date the notice.

Keep a copy of the notice for your records. If you deliver it in person, have a witness present who can later confirm that the person received it. If you use certified mail, keep the return receipt as proof of delivery.

A Georgia attorney can help make sure your notice of trespassing is drafted well and can be enforced in your case. That matters most for commercial property, multi-tenant buildings, or people who may claim a right to be there.

Penalties for Violating a No Trespassing Order in Georgia

Criminal trespass in Georgia is a misdemeanor. A conviction may result in jail time and fines. The exact penalties depend on the facts and the court's discretion.

The situation can escalate if the trespass involves additional conduct. A person who enters or remains in a dwelling without authority may face more serious charges. If they intend to commit a felony or theft, the charge may rise to burglary in the first degree. First degree burglary is a felony. It is punishable by one to twenty years in prison. A second conviction carries two to twenty years, and a third or later conviction five to twenty-five years.

Police usually look for proof that the trespasser got prior notice before making an arrest. Prior notice is an element of the notice-based form of criminal trespass. That is why getting the notice right matters so much. It is also why filing a criminal trespass warning with local police is important. Without proof of prior notice, prosecutors may struggle to prove a key element of the offense.

Outcomes depend on the facts, on the responding officer's judgment, and on the prosecutor in that county.

No Trespassing Order vs. Protective Order: Which One Do You Need?

A no trespassing order and a protective order serve different purposes and offer different levels of protection.

A criminal trespass warning prohibits entry to a specific property only. It does not prevent the person from contacting you elsewhere, showing up at your workplace, or approaching you in public. The property owner, rightful occupant, or an authorized representative issues it – not a court.

A family violence protective order is a court order. It can direct the respondent to refrain from family violence and from harassing or interfering with the victim. It can address temporary custody or possession of a shared residence. It applies only to specific relationships. These include past or present spouses, co-parents, parents and children, stepparents and stepchildren, foster parents and foster children, and persons living or formerly living in the same household.

A stalking temporary protective order requires filing a verified petition. The petition must include specific facts. These facts must show that stalking has occurred and may continue. The court may grant temporary relief without the other party present. Later, it may issue a permanent order directing the respondent to stop the conduct and refrain from harassment. The court may order a party to receive psychiatric or psychological services.

Choose based on your situation. If your concern is limited to keeping someone off a specific property, a trespass notice is the right tool. If you fear for your safety, face ongoing harassment, or need protection beyond one property, a protective order may be more appropriate. Consulting a Georgia attorney can help you evaluate which option fits your circumstances.

Speak With a Georgia Criminal Defense Attorney About Trespass Issues

Trespass matters in Georgia can affect both sides – property owners seeking protection and individuals facing allegations.

If you want to issue a no trespassing order, an attorney can help you draft a notice that holds up. An attorney can advise you on the best way to deliver it. An attorney can walk you through how your local police log the warning. Getting the notice right from the start makes it easier to enforce if the person returns.

If you have been served with a criminal trespass warning or charged with criminal trespass in Georgia, legal representation matters. A criminal trespass charge is a misdemeanor. But a conviction creates a criminal record. That record can affect employment, housing, and more. Acting quickly gives your attorney more time to review the facts and explore your options.

Kohn & Yager LLC focuses on Georgia criminal defense, including trespass-related matters. Contact us for a free consultation to discuss your situation. We will review the facts, explain your options, and outline next steps. Every case is different. Results depend on the specific facts and circumstances involved.

Frequently Asked Questions

How Do I Get a No Trespassing Order Against a Person in Georgia?

You should prepare a written notice that names the person and describes the property. The notice should state that entry is barred. Hand the notice over, mail it certified, or have an officer serve it. Then ask your local sheriff's office or police department to log a criminal trespass warning on file. That gives officers a record to check if the person returns.

Do I Need a Lawyer to Issue a Notice of Trespassing?

You do not need a lawyer to issue a trespass notice in Georgia. Still, an attorney can help make sure your notice is drafted and delivered the right way. That makes it easier to enforce. Legal help matters most for commercial property or for people who may claim a right to be there.

What Happens if Someone Violates a No Trespassing Order in Georgia?

If someone returns to the property after receiving proper notice, they may be charged with criminal trespass. This is a misdemeanor. If the trespass involves entering a dwelling with intent to commit a felony or theft, the charge could escalate to burglary. Outcomes depend on the facts and prosecutorial discretion.

How Long Does a Criminal Trespass Warning Last in Georgia?

Georgia law does not set an end date for a criminal trespass warning. Because the statute is silent, a warning is usually treated as good until the owner or authorized person takes it back. Some police and sheriff's offices set their own rules on how long a warning stays on file. Call your local department to ask.

Is a No Trespassing Order the Same as a Restraining Order?

No. A no trespassing order is a notice from a property owner that prohibits entry to a specific property. A restraining order or protective order is issued by a court. It can order the respondent to refrain from contact and from harassing or interfering with the protected person. Courts and law enforcement statewide have a duty to enforce a valid protective order. They serve different purposes and involve different legal processes.