Legal Question in Personal Injury in North Carolina

how do you get a restraining order on a person to stay away from property owned


Asked on 12/08/12, 5:35 am

1 Answer from Attorneys

For property, you don't really need a restraining order - trespass law will generally suffice. If you are the propery owner or have some other legal right to the property i.e. a tenant, you may simply verbally inform the person not to come onto your property (you may want someone to witness that) . You may also inform them in writing (again you'll want to be able to prove it so sent the letter certified mail with a restricted delivery). If they do, then you may seek an order for arrest from your local magistrate. At Court, if the person is found guilty of trespass the Court will generally order the person not to go back onto your property as part of the judgment. If they trespass again after being ordered not to by the Court there is a whole host of nasty things that your local Disrtict Court Judge can do.

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Answered on 12/08/12, 8:34 am


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