Virginia Trespassing Charges: Notice, Penalties, and Next Steps

A Virginia trespassing allegation should be examined against the exact charge and the notice involved—not just whether someone was on property belonging to another person. This guide explains Virginia Code § 18.2-119, commonly described as trespass after being forbidden. It focuses on identifying the statutory route, the potential penalty, and the records useful for an individual review.

What conduct does § 18.2-119 address?

The first part of the statute concerns a person who, without authority of law, goes onto or remains on another person’s land, building, or premises after being forbidden to do so through one of the listed forms of notice. It also covers a portion or area of that property. The wording addresses remaining as well as entering; the allegation need not be described only as crossing a boundary.

A useful starting point is to separate three questions: What location was involved? What prohibition is alleged? Who communicated or posted it? Those questions organize the facts without deciding the charge. This page does not supply a case-law definition of intent, resolve disputed authority to use property, or state that every unwanted presence satisfies the statute.

Must the warning be written or delivered by police?

Section 18.2-119 expressly includes oral and written prohibitions. It identifies the owner, lessee, custodian, an agent of one of those people, or another person lawfully in charge as possible sources of the prohibition. Its wording is not limited to a police-delivered warning.

That does not mean any person can create an effective prohibition merely by demanding that someone leave. The person’s role and authority are part of the statutory language. For a review, distinguish the actual words used from a later summary such as “they told me I was banned.” Note who spoke or wrote, when the communication occurred, and what property or area it concerned. Do not assume a written document is required in every case—or that a disputed conversation automatically proves the charge.

How do posted signs fit into the statute?

The statute also recognizes prohibitions communicated through signs placed where they may reasonably be seen. It specifies who may post or direct the posting: the listed authorized people or their agents. It separately includes an easement or right-of-way holder whose creating instrument authorizes posting on the relevant property or area.

For this route, the sign’s location, wording, and posting authority are useful subjects for review. A photograph taken later does not, by itself, establish what was visible at the alleged time. Preserve existing photographs and their dates rather than rearranging signs or returning without permission to make new evidence. This guide does not decide whether a particular sign was reasonably visible or interpret an easement, deed, lease, or other property instrument.

What if a court order prohibited being on the property?

Section 18.2-119 contains a separate court-order route. It concerns entry or remaining after prohibition by a court of competent jurisdiction under the particular order provisions listed in the statute, and after the person has been served with that order. The list includes specified juvenile, family-abuse, and other protective-order provisions, as well as an ex parte order under § 20-103. It does not say that every court document triggers this route.

This part expressly applies even to an owner, tenant, or someone otherwise entitled to use the property. Ownership is therefore not a reason to disregard a covered, served order. For a different charge under § 16.1-253.2, see our family-abuse protective-order violation guide. The two Code sections should not be treated as interchangeable. This page does not advise how to obtain, contest, or modify an order.

What is the penalty for this trespassing offense?

A violation of § 18.2-119 is a Class 1 misdemeanor. Under § 18.2-11(a), the authorized punishment is up to twelve months in jail and a fine of up to $2,500, either or both. These are statutory ceilings, not predictions of a sentence or an all-inclusive cost quote.

Check the actual section or ordinance on every charging document before applying that range. Another trespass-related offense, a protective-order violation, or another separately alleged offense requires its own analysis. A criminal charge and a disagreement over property access are not interchangeable; this guide does not determine property ownership, tenancy rights, eviction procedure, or civil liability.

Which records help identify what is actually alleged?

Begin with the complete charging paper and any notice showing the court, hearing date, and case number. Keep the original records separate from your notes about them. A short timeline can distinguish an initial visit, any warning or order, the alleged later conduct, and subsequent court paperwork.

• Record the exact Code section or ordinance, alleged date, and precise property or area identified.
• Preserve an existing written warning, letter, message, or other notice in its complete form, including its date and sender.
• For an oral warning, note the speaker’s identity, stated role, words you recall, and any existing witnesses—without inventing details to fill gaps.
• Keep existing photographs or recordings with their original files and dates; distinguish firsthand recollection from what another person reported.
• If an order is involved, keep the complete order, service records, and any later modification or replacement, rather than relying on an isolated paragraph.

This checklist is not a defense test. Do not reenter disputed property, confront another person, move a sign, alter records, or disregard a court date to investigate an allegation yourself.

Where can you ask about an individual charge?

Our Hampton Roads criminal-defense page provides the firm’s existing inquiry route. An inquiry does not create representation or guarantee acceptance or a result. Avoid sending unredacted sensitive records through a general website message before an appropriate secure process is arranged.

Source research: October 23, 2026, using the cited official Virginia Code text. No independent Shepard’s or KeyCite check, court-opinion treatment review, or comprehensive amendment-history analysis was performed. General information only, not advice about an individual case.