Answer: Domestic Criminal Trespass refers to a criminal offense that prohibits a spouse from entering the shared residence after moving out. If the spouse has established a new residence and attempts to reenter without the court’s authorization, your consent, or a separation agreement, they can be charged with a misdemeanor under the law specified in N.C.G.S. 14-134.3.
A court order is not necessary for a legal separation as long as both spouses reside in separate homes. This law applies even if the spouse’s name is on the home.
In practical terms, if your spouse moves out and you have provided written notice prohibiting their return, they cannot come back without your consent. If they persist in showing up without permission, you have the option to involve the police or go to the magistrate and file criminal charges. Furthermore, if your spouse arrives at the house armed with a weapon, it could be considered a felony offense.
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