You're standing on your porch in Hilo or maybe looking out over a dry acre in Kona, and there they are. Again. Maybe it’s a group of hikers who think your backyard is the "secret" trailhead they saw on some sketchy blog, or perhaps it’s someone looking for a place to park their truck for the night. Whatever the case, if you’re dealing with unwanted visitors on the Big Island, you’ve probably heard people toss around the phrase no trespass notice Hawaii County like it’s some kind of magical legal shield.
It isn't magic.
Honestly, the law in Hawaii regarding trespassing is a bit more nuanced than just sticking a "Keep Out" sign on a fence post and hoping for the best. If you want the Hawaii County Police Department (HCPD) to actually do something when a stranger wanders onto your dirt, you have to follow a very specific set of steps. Most people get this wrong. They yell at the person to leave, the person leaves, and then they come back two days later because there’s no paper trail. If you want it to stick, you need a formal notice.
The Reality of Trespass Law on the Big Island
In Hawaii, trespassing isn't just one thing. It's tiered. You've got Criminal Trespass in the First Degree and Second Degree under the Hawaii Revised Statutes (HRS). Specifically, HRS §708-814 is the one you’ll see cited most often when dealing with a no trespass notice Hawaii County.
Why does this matter? Because the police aren't going to arrest someone just because you’re annoyed. They need proof that the individual was "lawfully warned."
Basically, a trespass notice is that warning. It is a formal, written document that tells a specific individual they are not allowed on your property for a set period—usually up to a year. Once that notice is served and filed, the next time that person sets foot on your land, it’s not just an annoyance; it’s a crime. The police can actually make an arrest or issue a citation because the "intent" and "knowledge" required for a criminal charge have been established on paper.
Why Your Store-Bought Sign Might Be Useless
Look, I love those yellow and black signs from the hardware store as much as the next guy. But in Hawaii County, a sign alone doesn't always cut it for a criminal conviction, especially if the property isn't fully fenced.
The law generally requires that a person "knowingly" enters or remains unlawfully. If your property is an open field with no clear boundaries, a savvy person can just claim they didn't see the sign or didn't know where the property line started. This is why a formal no trespass notice Hawaii County is so much more effective. It is directed at a specific human being. It removes the "I didn't know" excuse entirely.
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How to Properly Issue a No Trespass Notice in Hawaii County
You can't just hand someone a napkin that says "go away" and expect the South Kohala precinct to back you up. There is a process. It’s a bit of a hassle, but it works.
First, you need the form. The Hawaii County Police Department actually provides a standard "Trespass Notice" form. You’ll want to fill this out with as much detail as possible. You need the person’s name—which is the hard part. If you don't know who they are, you might need to call the police to have them identified while they are currently on your property.
- Step One: Identify the intruder. If they are there now, call the non-emergency line (808-935-3311) and ask for an officer to "admonish" the individual.
- Step Two: Fill out the Hawaii County Trespass Notice. You’ll need your info, their info, and a clear description of the property boundaries.
- Step Three: The "Service." This is where it gets tricky. The notice must be served to the person. Usually, if an officer is on-site, they will assist in explaining the notice to the individual.
- Step Four: Filing. You must keep a copy, and crucially, a copy needs to be on file with the police. This way, if you call 911 later, the dispatcher can see in the system that a "Trespass Warning" is already active for that person at that address.
The Problem with "Open to the Public" Spaces
If you run a business in Hilo or Kona, the rules shift slightly. Since your doors are technically open to the public, you can't just ban someone because you don't like their shirt. However, if they are disruptive, violating house rules, or have previously stolen, you can issue a no trespass notice Hawaii County.
The Hawaii Supreme Court has been pretty clear about the rights of property owners versus the rights of the public. You have to be consistent. You can't trespass one person for loitering but let five others stay. Documentation is your best friend here. If you're kicking someone out of a commercial space, write down exactly why they were asked to leave before you hand them that notice.
Common Misconceptions That Get People in Trouble
I've seen neighbors get into absolute wars over this. One guy thinks he can trespass his neighbor’s gardener because the lawnmower is too loud. It doesn't work like that.
One of the biggest mistakes is thinking a trespass notice lasts forever. It doesn't. In Hawaii County, these are typically valid for one year. After that, the "warning" expires in the eyes of the law, and you’d have to issue a new one if the person returns.
Another huge point of confusion? Easements. If your neighbor has a legal easement to cross your land to get to theirs, your no trespass notice Hawaii County is basically a piece of scrap paper. You cannot use a trespass notice to block someone's legal right-of-way. Trying to do so is a fast track to a civil lawsuit that you will probably lose.
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Also, let's talk about the "Reasonable Person" standard. If your property looks like a public park—no fences, no signs, a well-worn path—a judge might find it "reasonable" that someone thought they could walk there. To make your notice stick in court, you want to show that you've made an effort to define your space.
What Happens if They Come Back?
This is the "Criminal Trespass" phase. If you have a valid no trespass notice Hawaii County on file and that person returns, do not confront them yourself. That’s how things get ugly, and honestly, it’s not worth the risk.
Call the police. Tell them you have a "Trespass Notice on file" for this individual.
When the officers arrive, they will check the system. If the notice is active and the person is on your land, they can be arrested for Criminal Trespass in the Second Degree, which is a petty misdemeanor. It carries a potential fine and even jail time (though jail is rare for a first offense). More importantly, it creates a criminal record that usually convinces people to find somewhere else to hang out.
Dealing with "Squatters" vs. Trespassers
This is a nightmare scenario on the Big Island. There is a massive difference between a guy who walked onto your land today and someone who has set up a tent and been living there for a month.
If they’ve established "residency"—even illegally—the no trespass notice Hawaii County might not be enough. You might be looking at an eviction process, which is a civil matter, not a criminal one. Police are often very hesitant to remove someone who has "belongings" on the site because they don't want to be sued for an illegal eviction. If you see someone starting to set up camp, you need to act immediately with a trespass notice before they can claim they "live" there.
Actionable Steps for Property Owners
If you're serious about protecting your land in Hawaii County, stop relying on vibes and start relying on paperwork.
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First, go to the nearest HCPD station and ask for their official trespass notice forms. Keep a few in your kitchen drawer or your glove box. You can't serve a notice if you don't have the paper.
Second, if you're dealing with a recurring issue, document every single interaction. Take photos (from a distance) and note the dates and times.
Third, make sure your property is clearly marked. You don't need a 10-foot wall, but clear "No Trespassing" signs with your name or "Private Property" clearly visible at the boundaries helps establish that "knowing" element the law loves so much.
Finally, understand that the no trespass notice Hawaii County is a tool, not a weapon. Use it to protect your privacy and safety, but make sure you aren't violating someone's legitimate access rights or easements, or you’ll find yourself in a Hilo courtroom defending a harassment claim.
If you have a complicated situation involving family members or long-term occupants, skip the police form and call a local attorney who specializes in Hawaii land law. The "summary possession" process is a whole different beast than simple trespassing, and you don't want to mix them up. For the random hiker or the guy dumping trash? The trespass notice is your best bet. Get it signed, get it filed, and keep your gates closed.
To ensure your notice is enforceable, always verify the current mailing address of the person being served if possible, as this adds a layer of validity if the case ever goes before a magistrate. Keep a logbook of every time you observe a violation after the notice is served; specific dates and times are far more persuasive to a responding officer than "he's here all the time." If the intruder refuses to identify themselves, do not attempt to detain them; instead, provide the police with a clear physical description or a license plate number to facilitate the formal identification needed for the notice. Once the notice is officially logged with the Hawaii County Police Department, ensure you keep your own copy in a secure, easily accessible place so you can present it immediately to any officer who responds to a future call at your property.