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Old 09-05-2001, 03:29 AM
paisleyplace
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Question

Criminal Trespass, can someone explain more?


In North Carolina

This past June I was involved in a civil suit over some property that I own. My father attempted to sue me for ownership of some property I own as well as damages in excess of $30,000. My attorney was able to get a summary judgement. This has been explained to me as basically saying the case was frivolous, never should have been to court, and that my father did not have the evidence to support his claim. In essence, I won the case after spending an enormous amount of money (to me anyhow) and a year and a half of my time back and forth in depositions, discovery, etc...

My attorney told me that since my father was claiming ownership and legally lost in civil court, he cannot be considered, or rather is not considered a tenant so the landlord/tenant rules do not apply. I gave him ample time to leave the premises of my property, which he has refused to do. My attorney advised me to carry out a trespassing warrant to have him removed physically from the property, which I did this Tuesday (Sept. 4).

The magistrate charged him with criminal trespass 2 and will have the sheriff's department pick him up and have him placed under bond. He said that once this is done, my father will not be allowed to return to the property and should he do so I am to issue another warrant for trespassing. Should he enter the manufactured home that is on the property that will constitute breaking and entering in addition to criminal trespass. I was also told I could secure the property once he is gone.

1. What exactly is the difference between trespass 1 and 2?

2. Is bond the same thing as bail?

3. Will the district attorney handle this when it goes to court on my behalf since it is criminal and not civil? Should I bring my information regarding the outcome of the civil suit?

4. Can the sheriff's deputies really take down the door to go after him? I have told them to do whatever it takes, with their safety in mind. What worries me is that he has a conceal to carry permit and a pistol along with other rifles and such. I have made the sheriff's office and the magistrate's office aware of this.

I am very concerned about retaliation by this man and would like to get a restraining order but from what I have been told by the court officers, it would have to be an open threat, not just because I was afraid of him, only because this is my father. I really do not want to have to include my attorney in this matter as my legal bills are mounting. My father has hired a legal aid attorney and they are demanding another two months on the property which I have refused. This has gone on long enough. The legal aid attorney spoke with my attorney and afterward my attorney advised me to seek the trespassing warrant.

Do I have any recourse on the damages he has done? He really has no money and the only asset is his own home that is two hours away. Would it be best to just eat the costs on my own?

I would really just like a run down of what is involved, what will happen, and what I need to get through this. I have tried to be nice about it all but he is determined it is not going to happen this way. This entire matter has put a strain on my finances as well as my marriage.

I appreciate any help that can be provided. Please forgive my ignorance. I am out of my league here.

Sam
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