Fort Bragg, NC asked in Child Custody and Family Law for North Carolina

Q: What would be the best course of action, to fight against a dismissal when it is brought up in a custody case? (repost)

I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?

Related Topics:
2 Lawyer Answers
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
Answered
  • Divorce Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

A: If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.

Of course if you did in fact attack your wife, they can ask you questions about the circumstances (not about the criminal charges themselves).

1 user found this answer helpful

Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You can object to anything. The real question is whether your objection will be sustained. That depends on factors such as the law, the Judge and how good you are at presenting and arguing a proper objection. Typically, cases with merit do not get dismissed - they are also typically not admissible which is why most of the time an attorney will not bring up a past case that was dismissed. You bring up past cases where there was a solid conviction. If the case was dismissed, odds are it lacked merit at least to some significant degree so why would you care that she brings it up? It will likely just make her look like a desperate mudslinger. What you should be concerned about is any legitimate evidence she may bring up. Of course, if you actually did attack your wife and it got dismissed because she asked that the charges be dropped - that's a different story and you may have some 'splaining to do about the incident in response to questioning. The bottom line is you are not simply not competent to represent yourself and your best bet would be to hire an attorney. If you say you can not afford an attorney, then the question becomes how do you expect to to pay the expenses associated with having custody of a child? So do your best to shop around and find an affordable attorney. Best of luck.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.