Transylvania County Courthouse in Brevard.

State Rep. Cody Henson has received a copy of the criminal summons filed by the Transylvania County Sheriff’s Office, his attorney J. Michael Edney told CPP late Thursday.

Cody Henson
Rep. Cody Henson, R-Transylvania

Henson has been accused of cyberstalking, and the Sheriff’s Office has said it’s investigating him for a crime against his estranged wife, Kelsey Henson. Cyberstalking is a Class 2 misdemeanor, according to state statute.

Last month, she was granted a yearlong restraining order against Cody Henson last month. Carolina Public Press first published the restraining order, which says that Henson “will not quit ‘texting’ the plaintiff at all hours of the day.”

Edney provided a statement after Rep. Henson received the criminal summons.

“Rep. Henson looks forward to addressing this allegation in due course through our judicial system and will not attempt to litigate the matter through the media,” Edney said. “Cody will continue to focus his love and energy on his two beautiful children and will continue to represent the people of District 113.”

Thursday morning, after CPP reported on the criminal summons, the N.C. Democratic Party, Democratic Women of North Carolina and a House Democratic leader issued calls for Henson’s resignation.

“Now that a judge has seen fit, after a hearing on the merits, to grant a permanent restraining order against Rep. Henson, there has been a finding of domestic violence on his part,” said House Democratic Whip Rep. Deb Butler. “There is no place for domestic violence in our society, particularly on the part of an elected official who purports to be a role model for our youth. In my opinion, he should resign.” 

House Republican leaders and state party leaders have not responded to requests for comment on Henson since the allegations of domestic violence against him became public in early February.

Edney said Rep. Henson is scheduled to be in court on March 28 at the Transylvania County Courthouse. However, District Attorney Greg Newman has recused himself from the case and plans to ask Attorney General Josh Stein for his office to prosecute the case, according to a report from WLOS of Asheville.

Henson represents Transylvania and Polk counties as well as much of Henderson County in the N.C. House of Representatives. If he were unable to complete his term, the Republican Party executive committee for the 113th District would select a replacement.

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Kate Martin is lead investigative reporter for Carolina Public Press. Email her at

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