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  1. #1
    Join Date
    Jan 2010
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    3

    Default North Carolina Criminal Tresspass or Restraining Order

    My question involves criminal law for the state of: North Carolina

    Location:

    North Carolina. Private (dead end) dirt road (approximately 10 parcels) where there is an easement near the front of the parcel with a private easement for ingress and egress.

    Background:

    June 2008: My husband and I own a home in NC. We moved out July 2008. My family keeps an eye on the house for me and I have someone hired to mow the yard weekly.

    May 2009: My step-brother went over to mow the yard on a Friday and saw some things outside not in their place. We went down on Saturday and found the house had been broken into including the outbuilding. Of course, we called the Sheriff's department and they took a report and left. My husband and I decide to go buy a new lock for the building and when leaving we drove to the opposite end of the road (dead end) and saw our kids swingset that had been stolen from our home in someone's back yard. We drove beside their home on the easement portion of the property (careful not to enter their property) and saw, on their back porch, stacks of items that were stolen from our home. We called the deputy back and he arrested the man that lived there because he admitted everything. He started bringing out boxes and boxes of our things (along with a 2.5-3 foot Marijuana plant). They had even stole the dishwasher out of our home and installed it in theirs.

    We are still trying to have the guy go to court for the first time. He has been out ever since on bond and has continued his case 5-6 times. On Monday, January 25, 2010, his case went to the grand jury.

    My step-brother checked on the property for us today, Thursday, January 28, 2010, and found that the house had been Paint Balled on one side (hit about 15 times).

    Question:
    The 23 year old that stole our property and still lives at the end of the road does not own the property that he lives in. It is owned by a relative (undetermined relationship) that owns the adjoining parcel also. The owner of the parcel obviously has an easement and we do not have a problem with that.

    Is there any way to file for easement revocation on the person that broke into our home? Can the District Attorney file a restraining order to keep him off the property? Keep in mind this would cut him off from his home.

    Thank you in advance.

  2. #2

    Default Re: North Carolina Criminal Tresspass or Restraining Order

    They are not going to cut him off from his home.

    The judge in the case can issue a restraining order, however that won't happen until the case actually makes it to trial, and given how slowly it has been moving along, I wouldn't hold my breath that long. You can ask the DA to request such an order from the judge on an emergency basis - but it probably isn't going to be a priority for a case of a property crime (as opposed to a violence against a person type of crime). Finally, as the victim of the crime, YOU have the ability to request such an order (and would probably get one issued faster).

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