I am so mad. My STBX broke into our home when he knew I was out of town. I was told all I had to do was send him an email after we had separated and that was enough to let him know he could not enter the home. He did and I had plenty of evidence to show it. Today they dismissed the charge as if it had never occurred and told me I had to take it to civil court and yet the magistrate placed it into domestic court. I have wasted my time and he is now just laughing at me. I secured a restraining order due to being afraid of him for all the right reasons and during the hearing his lawyer once again got the order cancelled and I never got to even talk although I had been told all I had to do was tell my story. Just another big lie. What do I need to do so he does not just break in each time I am out of town. They dismissed the case due to not keeping the restraining order when one had nothing to do with the other but they did not want to listen. Just seems there are games being played and in the meantime he is running free just creating havoc with my life and with no accountability. How can I keep him from breaking into my home since it now seems an email to him saying he was not allowed to enter the home was clearly not enough in the eyes of the court.
Your explanation of what happened needs more content. However, it sounds like you were not represented during this process and your spouse was. That probably made the most difference, as an attorney generally has a better understanding (and relationship) of the court system. Your analysis of the law is correct and how it should work. I recommend you hire an attorney who can directly deal with your spouse’s attorney and get you the relief you need.
Did your case happen to be in Rowan County? Just wondering…the same thing kind of happened to us.