Domestic criminal trespass issue


Dear ilona:

Greetings. I think that your father may simply not be understanding what his attorney is saying. Your father needs to file an Equitable Distribution action and request that the house be transfered to him. He needs a good attorney that he can trust. At a minimum, he can call our office and set up a phone consultation so that he can be sure he understands his rights and all steps that he needs to take. Thank you.

P.S. Your father is lucky that he has such a loving child. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I am writing in regards to my father;he has been married for several years & recently my step mother & he had a bad altrication. My step mother took out a DVO on my father & it is in force for a year the judge has already stated that @ the end of the year it would be extended for another year. My father wrote me & told me that @ the end of that year unless his wife wishes him to return on the property that he will be charged with domestic criminal trespass. They just built a home in the outerbanks of NC & she currently represented by a public defender has denied my father access to the home and the attorney has made it impossible for him to remove his wife from the auto insurance, he has however been sucessfull in turning off the utilites from his name. My question here is ny father no matter what seems to be getting the bad end of the stick. What recourse does he have to turn things around. His attorney didn’t object when the judge issued a dvo for 2yrs until I did some research and found that the dvo can only be issued for 1yr then extended, I sent this info. to my father then the judge changed his ruling. Now my father wrote & tells me he may never be allowed on his property again(domestic criminal trespass)when he took his entire retirement monies and paid for the house. His wife lives free and my father barely survives on his Socail Security. Does my father have any recourse to eiter evict his wife from the property or does my father have any rights that are being ignored. I have asked him to contact his local chapter of the ACLU their response was that they are only representing prisoners @ this time. My father is getting no help from anywhere & I realize that usually women come out on top in the issue of a dvo and divorce but my father needs help can you please advise me if we can do anything. My father is in desperate need of help the system is protecting the woman & she is also at fault.
Thanking you in advance

ilona smith