Separation agreement


#1

Dear rocco:

Greetings. You can put X out of your home based on domestic violence - go and file an action immediately.

Changing the locks will probably not work, since the Sheriff can allow him back in since he technically lives there. My grandma had an old saying - Once you let the “devil” back in, it is harder the 2nd time to get him out. Thank you

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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

I am posting again to help any one else who may be in this situation.

In this case, since there was no “physical” abuse this time, I cannot be granted a domestic violence order. This is extreme verbal and emotional abuse and harrassment.

There is however a remedy to solve this if you indeed soley own the deed to the home. Go to your local clerk of courts office and file a Eviction of willful tenancy. You will have to pay around $80 and you will get a court date. The judge (or magistrate) will most likely grant the eviction and the defendant will have 10 days to appeal. If they don’t appeal, on the 11th day go back to the clerk or courts and file for a “Writ of Possession”. The defendant will then have 7 days to vacate the home. If the defendant is still in the home on the 8th day after filing for the “Writ of Posession”, call the police and have them removed from the home.

Keep all you paperwork close by (deed, court documents, Writ, etc…) to show the police if necessary. If the police don’t help you, go to the county sheriff’s office with all your paperwork and ask to have the defendant removed from the home.

It will work.


#3

Dear rocco:

Greetings. I am sorry, I thought that you meant physical abuse when you stated domestic abuse. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

I have legal separation agreement recorded in the court and all assets and disbursements per the agreement are complete. Residence was deeded to me at time of separation so I own the home. X purchased new residence when we separated.

Domestic abuse was one of the many reasons we separated. Thought there may be a chance to save the marriage and therefore allowed X back to my home. Abuse started again against me and my children in less than a month. I have ask X to leave but X refuses. Can I put X out of my home based on legal separation and I no longer want X in my home due to continued verbal and emotional harrasment? Would this be considered domestic trespass since I have ask X not to return? If not how can I force X to leave? Since this is my home can’t I change the locks and not allow X back in?

Thanks