What Is Domestic Criminal Trespass?

A separate type of trespass crime in North Carolina is domestic criminal trespass. This offense involves people who were in a relationship together, such as spouses, former spouses, or two individuals who were living together. To be charged with this crime, the parties must be living apart and the person must have entered or remained on the property of the victim after having been forbidden to do so. There must be some evidence that the individuals are living apart, such as an order of separation, a court order requiring one party to remain off the property, or separate residences.

Domestic criminal trespass is a Class 1 misdemeanor, and it is punishable by up to 120 days in jail and a fine in the judge’s discretion. However, the charge can be elevated to a Class G felony if the property is a safe house or a haven for domestic violence victims and the trespasser has a deadly weapon. If convicted, a person could be sentenced to up to 47 months in prison.

C. Todd Browning
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