Injunctive Relief For Trespassing In Broward
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Under Florida law, criminal trespass is defined as the willful entry into or remaining upon property without the express or implied permission of the owner. Trespass in a structure or conveyance carries penalties that may include jail, probation, and permanent criminal record.
Pursuing a Trespass Action The biggest element that must be proven in an action for trespass is that you are the true owner of the property. Showing the location of the trespass and the boundaries of the land are also crucial to proving your action for trespass.
A successful lawsuit against a trespasser could entitle you to different types of compensation, depending on the facts of your case. They can include: Actual damages: This involves reimbursement for any of your financial losses caused by the trespasser's actions, such as property damage, repair costs, or lost income.
If you succeed with your lawsuit, then you are entitled to damages and the trespasser could face criminal charges.
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment.
(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the ...
Motion to Dissolve or Dismiss: You can file a motion with the court requesting that the injunction be dissolved or dismissed. This motion must demonstrate a change in circumstances or provide evidence that the injunction is no longer necessary.
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
Defenses to Trespassing Charges First, a defendant can argue that he did not trespass “knowingly.” Second, a defendant can argue that his entering or remaining at a location was not “unlawful.” Although more defenses to trespassing can be used, these two are by far the most common.
Standard of Proof In Florida, a petitioner for an injunction must establish by “preponderance of the evidence” (i.e. greater weight of the evidence) that he or she is either a victim of domestic violence or is in imminent danger of being a victim of domestic violence.
