Injunctive Relief For Trespassing In Pennsylvania
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FAQ
Most trespassing is considered a third-degree misdemeanor if the person trespassing defies the order to leave the premises given to them by the owner or anyone who's authorized to request that they leave. If the trespassing involves school grounds, however, it is a first-degree misdemeanor.
Criminal trespass. (ii) breaks into any building or occupied structure or separately secured or occupied portion thereof. (2) An offense under paragraph (1)(i) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree.
Defenses to criminal trespassing can include lack of intent to trespass, implied permission to be on the property, or reasonable doubt about the property being open to the public at the time.
(2) The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily injury. (ii) it is otherwise justifiable under subsection (a)(2).
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory.
Although the test for obtaining a TRO or PI may vary slightly across jurisdictions, generally a plaintiff seeking preliminary injunctive relief must satisfy a four-factor test: (1) that he or she is likely to succeed on the merits of his claims; (2) that he or she is likely to suffer irreparable harm without ...
§ 5524. Two year limitation. (3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. (4) An action for waste or trespass of real property.
A preliminary injunction shall automatically expire 90 days after its entry unless the court makes the findings required under section 6604 (relating to prospective relief) for the entry of prospective relief and makes the order final before the expiration of the 90-day period.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
Using an injunction carries disadvantages as well. For one, courts generally use injunctions only to prevent a party from doing something. Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something.
