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Home» Uncategorized » Domestic Criminal Trespass – Should You Be Worried?

Domestic Criminal Trespass – Should You Be Worried?

keep out

A little known issue in family law is something known as domestic criminal trespass.

In the NC General statutes section 14?134.3, Domestic Criminal Trespass is when: “Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart”

So what does this mean for you? If you are married but separated, and your spouse asks you not to come back to the premises, you are not allowed to do so. IT DOES NOT MATTER IF YOU OWN THE PROPERTY JOINTLY. If you need something from the property, your spouse has to give it to you willingly, or you need to handle it through a lawyer.

There are other nuances to this law. If you want to read the full text, go here.

Do you have questions about your divorce? Contact Us.

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