My husband and I have been separated for 8 months now. He moved out of state. He has recently told me he is moving back to NC to be near our 5 children. He has threatened that since his name is on the lease he will be moving back into the home. I found information on a domestic criminal trespass order but I can not find how I file one. Do I just go to the courthouse or the local sheriffs office? Thank you
Domestic criminal trespass is a criminal action in which you would go to the magistrate’s office in order to have a warrant issued and have your husband charged. However, based on the information you have provided, you will likely not be able to have such charges issued - a threat alone is not enough for this crime to have occurred.
Instead, you will need to file a court action for child custody and any other cause of action that applies to you (for example, child support, alimony, and equitable distribution).
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