Trespass and Unlawful Entry
Trespass and unlawful entry offences involve allegations that a person has entered or remained on property without permission, or has done so in circumstances that raise concerns about intent. Many people want to understand how consent, boundaries, property rights, mistaken entry and the surrounding circumstances are assessed when responding to these allegations.
This page outlines the general issues that may arise and explains how Law Tram provides a secure and obligation-free way to connect with licensed Australian lawyers who can discuss your circumstances confidentially.
What counts as trespass or unlawful entry?
Trespass offences typically involve entering or remaining on land or premises without permission. These charges may seem minor, but they can still result in criminal convictions, fines or imprisonment, especially where there is property damage or intent to commit another offence.
Unlawful entry charges are more serious. They may apply when someone enters a building, home or enclosed property without authority. This is sometimes referred to as “break and enter” or “unlawful entry with intent,” depending on the state or territory.
Law Tram connects you with lawyers who can explain the differences between these offences, help you prepare for court and explore possible defences or diversion outcomes.
Law Tram's Legal Partners can assist with trespass and unlawful entry matters, including:
- Trespassing on private, commercial or government property
- Unlawful entry of a home, school, business or restricted area
- Entry with intent to commit an indictable offence
- Remaining on property after being asked to leave
- Advising on whether the entry was legally authorised or mistaken
- Supporting young people or first-time offenders through diversion
- Negotiating withdrawal or downgrade of charges
- Representing you in court or supporting sentencing submissions
Why choose Law Tram
- Connect with lawyers who understand trespass and entry offences
- Confidential platform to outline your situation
- Guidance on evidence or documents that may be relevant
- No obligation to engage any lawyer you speak with
- Lawyers help you understand the legal considerations involved
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Legal information only – not a substitute for advice
This page provides general legal information only. It is not legal advice and should not be relied on as such. Criminal charges can carry serious penalties and strict time limits.
You should seek advice from an Australian Legal Practitioner as early as possible, especially before speaking to police or attending court.
Law Tram does not provide emergency legal support or crisis response services and does not assist in finding legal representation for minors.
Take the first step toward resolution
Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved in trespass and unlawful entry matters. Whether your situation involves concerns about mistaken entry, disputed consent, neighbourhood disputes, property boundaries or allegations of entering with a particular purpose, our platform helps you access tailored legal guidance before you decide how to proceed.
Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.
Frequently Asked Questions
Trespass usually refers to entering land without permission. Unlawful entry often involves buildings and may carry heavier penalties, especially if linked to other offences.
Possibly, but mistaken belief may be a valid defence in some cases. Legal advice can help determine whether your actions were unlawful.
No. Entry without force can still be unlawful if you didn’t have permission and entered for an improper reason.
Yes, but they may be eligible for diversion or cautions. A lawyer can help minimise the long-term consequences for young people.
In many cases, yes. A lawyer may help you access a non-conviction order, especially if there was no damage or prior record.
Maps, photos, messages, witness details, property notices, access rules and a clear timeline can help a lawyer outline the general issues that may arise.
Yes. A lawyer can outline how consent may be expressed, withdrawn or disputed, and how context is usually considered.
Yes. A lawyer can explain how intent, location, time of entry or accompanying allegations may influence how the charge is categorised.