Injunctive Relief For Trespassing In Virginia
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If any person shall solicit, urge, encourage, exhort, instigate or procure another or others to go upon or remain upon the lands, buildings, or premises of another, or any part, portion or area thereof, knowing such other person or persons to have been forbidden, either orally or in writing, to do so by the owner, ...
If you're charged with trespassing and convicted, it's a Class 1 misdemeanor. While that allows you to avoid having a felony record, the potential penalties are pretty stiff. You can still face a fine of up to $2,500 and up to 12 months in jail.
§ 18.2-46.3. Recruitment of persons for criminal street gang; penalty. A. Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause another to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 1 misdemeanor.
It shall be unlawful for any person knowingly to prepare, print, publish, or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item proscribed in § 18.2-373, or of any obscene performance or exhibition proscribed in § 18.2-375, stating or indicating where ...
There are essentially two conditions requested for mandatory injunctions: (a) the defendant must be obliged to perform an act and any such breach of the obliged act must be claimed by the plaintiff; (b) the reliefs, as asked for, must be enforceable by the court.
Trespass under Va. Code §18.2-119 is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2500. If the trespasser intentionally selected the property based on race, religion, color or ethnicity, the offense is a Class 6 felony, punished with up to 5 years in prison.
Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or ...
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
These courts consider: (1) the likelihood of success on the merits; (2) irreparable harm if the injunction is not granted; (3) whether a balancing of the relevant equities favors the injunction; and (4) whether the issuance of the injunction is in the public interest.
The plaintiff has the burden of proving that the defendant has breached the contract and that injunctive relief is necessary to prevent further harm. The plaintiff must also prove that the harm caused by the breach cannot be adequately compensated through monetary damages alone.
