Since he left, do I have the right


#1

Once you have told your husband not to come back into the house without your permission, it is domestic criminal trespass, and is a misdemeanor offense. You can change your locks, and you do not have to give him a key to the house.

I hope that helps!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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

Thank you for the info. All I keep hearing from him is “It’s not fair”. Well life isn’t fair. I just wasn’t sure if I could, within my rights to do so, refuse him a key.
Thanks again.[:)]


#3

Dear NC Mom of 3:

Best of luck with your situation. Remember if he does break into your home, you will need to go to the magistrate to swear out a warrant for domestic criminal trespass, which is the way to enforce that law.

Janet L. Fritts
Attorney at Law
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.


#4

Since I told him to leave the house, and he did,(of course, he’ll tell you I kicked him out), does he have the right to ask me for the key to get in when he wants, when I am not here? He says he would call and let me know he is coming over, but I just dont feel comfortable giving him a key again. I let him know I would rather be here and that he came with his dad when he did. He wants access to his stuff when he needs it; tools, etc. He demands a key or a court order to keep him from coming in. What can I do? He claims I had no right to change the locks, but the Union County Magistrates office told me that if he left the residence, I had the right to change the locks, even if his name is on the mortgage, AND if he was told to not come by, and tried to get in, I could have him arrested for Domestic Trespassing. IS this true?

What can I do? I dont think I will be awarded a court order just to keep him out, unless there are violent tendecies, right? There are none. Help, he is wanting results tomorrow.

Thanks. [V]