Legal Question in Criminal Law in North Carolina

I reside in NC and would like to know if I have verbally told someone not to call or text me unless it was about the children and they continue to do so can I file harassment charges? The texts include vulgar language and have nothing to do with the children. I received a restricted phone call and was told to mind my own business, not to come to their home or I would be arrested for trespassing, called a vulgar name and hung up on me. I went to the home in front of the person and a week later I am served a criminal summons for trespassing. I have my boyfriend and both children who heard the phone call and can verify I was not on their property. My father pays the rent and they just live there. The people in question are my sister and my children's father who both live with my father. My children's father does not see the children by choice and only texts randomly and usually to insult me. What can I do to stop this drama? If I change my phone number he'll just say I am trying to keep him from contacting his children. Please help!!


Asked on 1/16/14, 7:48 pm

1 Answer from Attorneys

I see this quite a bit. In fact, this goes on just about every day in every civil court across America. It is often a huge waste of time and public resources, basically a shame! People who say they don't want drama and paint themselves as innocent victims usually actually love and thrive on the drama. You say and these are your words not mine "I have my boyfriend and both children who heard the phone call and can verify I was not on their property." and you also say "I went to the home". So basically, your own account of the events is at best, inconsistent. If you didn't want 'drama' - you would simply ignore them like a normal person does. You would not answer their calls, delete their texts and not listen to their messages - in short, you'd have no contact with them whatsoever. If you didn't want 'drama', you wouldn't have went to the home. In any event, to answer your question, yes - if you inform someone not to call and they do, you can seek a warrant for harassment. It is also a specific crime to use profane language on the phone - so if you have any profane messages and/or texts and you want a warrant for that - save them. Further, you are under no obligation to provide 'phone support' so that your ex can contact the children. In fact, your under no obligation to have any contact what so ever with your ex. If he wants to see the children let him get off his butt and make arrangements for visitation. Have your boyfriend or some other family member deal with your ex and handle the exchange of the children for visitation. If you really want to stop the drama, do what a normal average person would do - change your number and stop all contact with them. In other words ignore all of them completely - this is not rocket science. Of course you are most likely not going to do that because that's no fun. You'll likely to come up with all sorts of lame excuses why you simply can't ignore them because you most likely actually thrive on the drama. If it is the case that you want the drama, feel free to have at it but please consider not using our court system as a stage - I for one hate that public taxes foot the bill for people who lack discipline and self control to have a forum to air their petty grievances and family squabbles.

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Answered on 1/16/14, 10:15 pm


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