Domestic Criminal Trespass where to file

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).

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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