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Permanent Injunction For Trespass In Washington
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Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory. A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner.
(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. (2) Criminal trespass in the second degree is a misdemeanor.
WA Trespassing Charges = Misdemeanors or Gross-Misdemeanors Washington state trespassing charges are all misdemeanors or gross-misdemeanors, meaning they are punishable by up to either 90 days in jail and a $1000 fine for a misdemeanor, or up to 1 year and jail and a $5000 fine for a gross-misdemeanor.
Injunctions remain widely used to require government officials to comply with the Constitution, and they are also frequently used in private law disputes about intellectual property, real property, and contracts.
For instance, if a new company wants to build overtop an old gravesite, the owner of the land could file an injunction against the company. The landowner would be the plaintiff and the company trying to build would be the defendant. An injunction would be appropriate in this case because it prevents irreparable harm.
Permanent Injunction: A permanent injunction is issued as a final judgment in a case and is typically enforceable indefinitely. It may be issued after a trial or as part of a settlement agreement.
Example: Cease and Desist A cease and desist order places an injunction on a company or person prohibiting the activities that are deemed suspect. A cease-and-desist order may take the form of a temporary injunction until a trial can be held to determine the outcome or a permanent injunction after the trial concludes.
Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.
There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.