Domestic criminal trespass

North Carolina Divorce Law Divorce and Separation Answers
1

If you do have an attorney, I recommend that you get advice from him or her on this issue. In general, if you spouse has established a new residence, she can be prevented from re-entry of the marital residence by the criminal charge of domestic criminal trespass. She could perhaps get a court order allowing her to enter the residence for a specific purpose, but you would have the right to notice of her motion for such a court order and the right to be heard on the motion.

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.

2

My wife left our home and had her mail forwared to her mothers where she will reside until we settle our divorce. She has threatened to remove items that belong to me, family heirlooms, and our pets unless I comply with her wishes as far as a property settlement. My attorney advised me to send registered letters to my wife and her parents warning them not to come on to our property or be faced with a charge of domestic criminal trespassing. I did this and have the reciepts where the letters were signed for. My fear is that she can get some type of court order to come into our home and remove those items claiming they are hers and I will be powerless to stop her. I’ve heard her attorney is very agressive and will use every trick in the book to win a case. What do I need to do to combat this? Can I get an order to stop her from doing this before it happens? Please advise, my attorney is tied up in court and I need advice before its too late.