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Filed charges and now supposedly have charges filed on us

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unikera

Junior Member
What is the name of your state (only U.S. law)? NC

Background in the case is this. Our female friend was assaulted by her live in boyfriend. And then by his mother the next day. She came over to our house and asked us to help her get her things she was leaving. We proceeded to go over there, and she thought about it, got her mind cleared and decided she wasn't leaving it was her place too. She was going to file charges of assault on him and his mother. While we were there, he came home and asked us to leave his property because he did not want anyone there when he wasn't home. After he unblocked the doorway we proceeded to leave the premises and went to the road. Where he then proceeded to threaten us with bodily harm. We called the police, but since we had left the area and went back home ( a few doors down) we were not in immediate danger he would not becoming out to investigate, just told us to take charges out on him for communicating a threat, which the magistrate gave us a court date for. At the same time she took us down there and filed her charges against them for assault. He was arrested and held for 48 hours before getting released on bond. That was today. Tonight there was another incident at their home and more police showed up. After leaving their home, the police came to our home, and asked if we were aware that supposedly there was a warrant for us for trespassing. The officer said he called in and found no record of a warrant as of yet, but we know filing takes a while between systems.

Questions are these: Can his trespassing charge stick because she did invite us.
And if she decides to not agree that he threatened us, do we still have a case. She is our only witness. We do have witnesses (visitors from another state who have gone back home) that she invited us. but they did not witness us being threatened, they stayed at our home to watch our child.
 


FlyingRon

Senior Member
If you get any notification of charges officially, I'd have a lawyer handy.

I would not have any interaction with the neighbors NOR speak to the police further without one.
 

JETX

Senior Member
Can his trespassing charge stick because she did invite us.
And now for a legally ACCURATE answer....
Based solely on your post, unlikely.

In order for a trespass charge to be valid, the property must be signed and you violate the signage... or you must be TOLD to leave and refuse. There is nothing in your post to even suggest either.

Here is the applicable NC Statute (I bolded the KEY part):
§ 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.


And if she decides to not agree that he threatened us, do we still have a case.
No one can answer that without knowing the FULL facts of your 'case'. The police will investigate the facts and, if they feel a case can be made, will file an affidavit with the local DA who will then review the facts as presented and determine if it is sufficient to warrant criminal charge(s). Once you made the complaint, you are really 'removed' from the process to determine if charges will be filed or not.
 

unikera

Junior Member
Update

update. The officer never called us back to inform as to what type of papers were drawn on us. We called the magistrate office this morning, and we have criminal summons to appear in court. So this is when the judge at the court decides, if we are guilty and he has a case?
 

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