Durham, NC asked in Criminal Law and Child Support for North Carolina

Q: I am the victim of a on going dv case and I do not want to pursue it .

what can I say or do to help him when I am at court, can I say that I do not want to testify against him on grounds that I want to get back to together with him and do not want to compromise and happy home or do I pled the 5th . Also we have kids together he pays child support for child care is something that I should state while on the stand to help . I know I am going to ask that the no contact order be lifted I never asked for it nor do I need I am no way in danger.

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1 Lawyer Answer
Adam Bull
Adam Bull
  • Asheville, NC
  • Licensed in North Carolina

A: You need to be very careful and consider why, after what presum8is a short period of time, you are changing your position from seeking court protection from him because of your statements under oath of your fear of him, to expressing the exact opposite. You were either fabricating your statements earlier, which could give rise to your prosecution or suit by him for malicious prosecution, or your fabricating now. The law and the court are not fool hardy. I suggest you hire an attorney to completely advise you, and seek counseling for yourself to address there apparent dichotomy of thought you are expressing. You either lied and are very vindictive, or you are a victim and need to build strength and understanding to avoid becoming another victim.

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