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NORTH CAROLINA STATUTES AND CODES

§ 14-134.3. Domestic criminal trespass.

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§14‑134.3.  Domestic criminal trespass.(a)        Any person whoenters after being forbidden to do so or remains after being ordered to leaveby the lawful occupant, upon the premises occupied by a present or formerspouse 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 areliving apart; provided, however, that no person shall be guilty if said personenters upon the premises pursuant to a judicial order or written separationagreement which gives the person the right to enter upon said premises for thepurpose of visiting with minor children. Evidence that the parties are livingapart shall include but is not necessarily limited to:(1)        A judicial order ofseparation;(2)        A court orderdirecting the person charged to stay away from the premises occupied by thecomplainant;(3)        An agreement,whether verbal or written, between the complainant and the person charged thatthey shall live separate and apart, and such parties are in fact livingseparate and apart; or(4)        Separate places ofresidence 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 1misdemeanor.(b)        A person convictedof a violation of this section is guilty of a Class G felony if the person istrespassing upon property operated as a safe house or haven for victims ofdomestic violence and the person is armed with a deadly weapon at the time ofthe 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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  • §14‑134.3.  Domestic criminal trespass.

    (a)        Any person whoenters after being forbidden to do so or remains after being ordered to leaveby the lawful occupant, upon the premises occupied by a present or formerspouse 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 areliving apart; provided, however, that no person shall be guilty if said personenters upon the premises pursuant to a judicial order or written separationagreement which gives the person the right to enter upon said premises for thepurpose of visiting with minor children. Evidence that the parties are livingapart shall include but is not necessarily limited to:

    (1)        A judicial order ofseparation;

    (2)        A court orderdirecting the person charged to stay away from the premises occupied by thecomplainant;

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

    (4)        Separate places ofresidence 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 1misdemeanor.

    (b)        A person convictedof a violation of this section is guilty of a Class G felony if the person istrespassing upon property operated as a safe house or haven for victims ofdomestic violence and the person is armed with a deadly weapon at the time ofthe 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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