So You've Got Yourself a Stalker...Of the Property Variety? How to Obtain a Trespass Order in Ontario
Let's face it, nobody enjoys unwanted guests. Especially when those guests have an uncanny ability to unlock your door with a bobby pin and a questionable macaroni necklace. But fear not, weary homeowner! Ontario law offers a shield against such shenanigans: the mighty trespass order.
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| How To Get A Trespass Order In Ontario |
Step One: The Great Wall of "Nope!" - Issuing a Trespass Notice
Before lawyers and judges get involved, it's eviction time (but for trespassers). You need to make it abundantly clear that this scofflaw is unwelcome. Here's your chance to unleash your inner Shakespeare (though maybe skip the iambic pentameter):
- Verbally: A firm "Get off my lawn!" while brandishing a watering can (filled with water, preferably) will do in a pinch.
- In Writing: Channel your inner Legally Blonde and whip up a trespass notice. There's no fancy form needed, just a clear statement that their presence is unwelcome. Think of it as a breakup note for your property.
Pro Tip: Keep a copy of the notice and document the date and time it was delivered. Photographic evidence of you heroically stapling it to their forehead (not recommended) is entirely unnecessary.
Step Two: From Notice to Notorious - Involving the Justice System
If Mr./Ms. Sticky Fingers keeps ignoring your eviction notice, it's time to call in the cavalry (or, more accurately, file an application with the court). This might sound intimidating, but fret not! Here's a simplified breakdown:
Tip: Check back if you skimmed too fast.
- Gather Evidence: Dust off your detective skills! Your trespass notice copy, witness statements (if applicable), and any photographic proof are your friends.
- Head to Court: Visit your local courthouse and file an application for a trespass order. Court staff can usually guide you through the process.
- Showtime!: Present your evidence to the judge and explain why this person is public enemy number one to your property.
Remember: This is your chance to shine! Be clear, concise, and avoid channelling your inner courtroom drama queen.
Step Three: Victory Lap - Enforcing the Order
Congratulations! The judge has spoken, and your property is once again a trespasser-free zone. But how do you ensure this unwanted guest gets the memo?
- Serve it Hot: Get a sheriff or process server to deliver the official order to the trespasser.
- Post Everywhere: Plaster copies of the order around your property like "Beware of Dog" signs, but less bitey.
Breaking the Order is a Big No-No: If the trespasser returns after being served, contact the police immediately. They can arrest the individual for violating the court order.
Tip: Pause if your attention drifts.
Trespass Order FAQs: Your Burning Questions Answered (with Lightning Speed!)
1. How Much Does a Trespass Order Cost?
There are filing fees associated with court applications, but the exact cost can vary.
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2. How Long Does a Trespass Order Last?
Tip: The details are worth a second look.
The duration depends on the judge's ruling, but it can range from a few months to a permanent order.
3. Do I Need a Lawyer?
While not mandatory, a lawyer can guide you through the process and ensure everything is done correctly.
QuickTip: Focus more on the ‘how’ than the ‘what’.
4. What if I Don't Know the Trespasser's Identity?
You can still apply for a trespass order, but the process might be slightly different. Consult a lawyer for specifics.
5. Can I Change My Mind and Revoke the Order?
Yes, you can! But you'll need to file another application with the court.
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