She's threatened to move out if I move back in.

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Re: She's threatened to move out if I move back in.

Postby jumbledone » Wed Mar 14, 2012 10:27 am

If there are no orders of protection currently in place, how can you get trespassing charges against you?

So, a while back (several years ago) my STBX and I got into a heated argument. It was bad. There was yelling, there was name-calling, going both ways. She gets so upset she threatens to call the po-po. I said go right ahead.

Guess what happens? They came, they talked to her, then they talked to me and ask me to leave the house. I calmly told them there has been no threat of violence, no act of violence, and if my wife needs to be away from me, she is certainly welcome to get in her car and drive somewhere else. There is nothing holding her back from doing that, but that I was not leaving the residence as I had done nothing wrong.

They walk outside and talk to wifey-poo, and a couple of minutes later tires are screaming out of the driveway as she leaves.

My point: As long as you have not threatened or hurt her or the kids (and can prove it by your recordings), then you have just as much right to be in that house as she does. Again, call her bluff.
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Re: She's threatened to move out if I move back in.

Postby BMEWS » Wed Mar 14, 2012 10:34 am

Thanks for the advice!!! I am headed back to the house this evening. I do have plenty of recordings and have not threatened her or the kids. I'm sure she is at the court house as I write seeking an order. Again thanks.
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Re: She's threatened to move out if I move back in.

Postby BartSimpson » Wed Mar 14, 2012 10:36 am

Please learn Radio Silence.

You created this in announcing your pending arrival. If you just arrived, she would not have prepared such as she is doing today.
"I would rather be a superb meteor, every atom of me in magnificent glow, than a sleepy and permanent planet.”
― my neighbor Jack
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Re: She's threatened to move out if I move back in.

Postby BMEWS » Wed Mar 14, 2012 10:41 am

Actually, I moved back into the house last week without her knowledge as she was on a a business trip. Unfortunatley, I had to go oout out of town on emergency business. I did not tell her when I was returning. I'm all over the Radio Silence!


It is real see below.

2009 North Carolina Code
Chapter 14 - Criminal Law.
§ 14-134.3. Domestic criminal trespass.
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§ 14‑134.3. Domestic criminal trespass.

(a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to:

(1) A judicial order of separation;

(2) A court order directing the person charged to stay away from the premises occupied by the complainant;

(3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or

(4) Separate places of residence for the complainant and the person charged.

Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor.

(b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense. (1979, c. 561, s. 2; 1993, c. 539, s. 76; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑212, s. 17.19(a).)
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Re: She's threatened to move out if I move back in.

Postby BartSimpson » Wed Mar 14, 2012 10:54 am

Good on the Radio Silence. Keep that recorder going.

My bad - I thought that Doemstic Criminal Trespass was specific to a TRO, but it looks like she has an argument based on (a)(3), the verbal agreement.

Moving your stuff to your Dad's is establishing your separate residence, didn't you stay there when under the TRO?

All this business travel seems to clutter the issue, it's not cut and dry as is usually seen here - Dad moves out voluntarily and then is coached to move back - I wonder if we should explore other options? Because the next time you travel, this scene is going to play all over again.
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Re: She's threatened to move out if I move back in.

Postby jumbledone » Wed Mar 14, 2012 10:55 am

So did/have you set up a second residence?

Otherwise it appears there is no separation mandated, or that BOTH of you agreed that you'd move out, which are the other legal requirements based upon the snippet you just posted.
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Re: She's threatened to move out if I move back in.

Postby BMEWS » Wed Mar 14, 2012 1:57 pm

There is no separate residense nor is there a separation agreement. She just doesn't want me to move back into the house after a year-long DVPO. The order was completed 2 weeks ago and I've been trying to get back and stay in my house. If she wants to leave she can go at anytime.

Thanks,.
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