(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. (1979, c. 561, s. 2; 1993, c. 539, s. 76; 1994, Ex. Sess., c. 24, s. 14(c); 1998-212, s. 17.19(a).)
Notes of Decisions
Cited in
5
cases, 1999–2018 · leading case:
Chidnese v. Chidnese, 708 S.E.2d 725 (N.C. Ct. App. 2011).
Chidnese v. Chidnese, 708 S.E.2d 725 (N.C. Ct. App. 2011).
· cites it 2× “On 5 March 2009, Chidnese appeared before a magistrate and alleged that plaintiff had removed items of marital property from the marital home, failed to return the items after ordered to do so, and committed the offense of domestic criminal trespass, in violation of N.C. Gen.…”
State v. Gilley, 522 S.E.2d 111 (N.C. Ct. App. 1999).
· cites it 5× “Similarly, as to the offense of domestic criminal trespass, N.C.G.S. § 14-134.3 (1993), the order directed defendant to “stay away” from the marital residence, while the statute forbids a person from “entering] after being forbidden to do so or remain[ing] .”
State v. Dye, 532 S.E.2d 574 (N.C. Ct. App. 2000).
· cites it 11× “Under N.C.G.S. § 14-134.3 (1993), the essential elements of domestic criminal trespass include: entering] after being forbidden to do so or remaining] after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse.”
State v. Williams, 741 S.E.2d 9 (N.C. Ct. App. 2013).
· cites it 2× “2d 111, 118 (1999) (quoting N.C. Gen. Stat. § 14-134.3 (1993)), disc.”
State v. Vetter, 810 S.E.2d 759 (N.C. Ct. App. 2018).
· cites it 8× “3 provides, in pertinent part, as follows: (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…”
— N.C. Gen. Stat. § 14-134.3(a) — 1 case
State v. Dye, 532 S.E.2d 574 (N.C. Ct. App. 2000).
“Under N.C.G.S. § 14-134.3 (1993), the essential elements of domestic criminal trespass include: entering] after being forbidden to do so or remaining] after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse.”
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