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North Carolina Domestic Violence Questions & Answers
0 Answers | Asked in Family Law, Domestic Violence and Identity Theft for North Carolina on
Q: False restraining to refrain paying alimony, false ID, Insurance fraud with spouse. if she provided all $. No $ lawyer.

Written letter stating otherwise then her claim. Was pulled for swerving, speeding. She identified as me cause she has no drivers license. Then filed Insurance claim as well as signed check that issued to loan company and myself.

0 Answers | Asked in Divorce and Domestic Violence for North Carolina on
Q: I married an illegal man out of love but now that he sees it's not as easy to obtain a GC he treats me bad. How divorce?

For 20 years he treated me like a princess. Now that I finally married him and he found out it's not so easy to obtain a green card he is a completely different man. He's violent and will not even talk to me most the time. I truly feel used. I've tried to make it work and Ive never... View More

0 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for North Carolina on
Q: I have a 50b against my kids father and just had MOJ entered.

I have a 50b against my kids father and just had MOJ entered. The wording in the MOJ is confusing as it pertains to using our family wizard as it states the following: The parties shall download, install, and subscribe to the Our Family Wizard application, and the Parties shall primarily... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: Do I have to speak with CPS on behalf of a friend, or will they subpoena me to court?

I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

You may try to remain neutral. That will not necessarily prevent a party from subpoenaing you as a witness. That is a court order and you will either have to comply or file a motion to quash the subpoena.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: Will NC force child support?

My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More

T. Augustus Claus
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answered on Jan 3, 2024

In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More

1 Answer | Asked in Domestic Violence for North Carolina on
Q: my brothers aunt pressed papers against me for assault against him even though all i did was prevent him for harming our

elderly grandmother how can she do that if she wasn’t even around?

Todd B. Kotler
Todd B. Kotler
answered on May 16, 2023

You have made an argument to raise at an evidentiary hearing or trial on the matter. Perhaps one of these people is serving as a guardian for your grandmother or your brother. Your question does not really give enough detail to give much more of an answer. If you are facing a protection order... View More

1 Answer | Asked in Domestic Violence for North Carolina on
Q: Do I have to file charges in a domestic dispute or are they automatically filed?
Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I am licenced in Ohio, but not NC. Laws and enforcement can vary depending on your jurisdiction, so it's important to consult with a legal professional who can provide advice based on the specific laws in your area. That being said, ultimately police and prosecutors always have the final... View More

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: What is domestic assault charges
Nick Benjamin
Nick Benjamin
answered on Nov 9, 2022

Assault charges between individuals who have or had a personal relationship. There are several types, both misdemeanor and felony.

1 Answer | Asked in Domestic Violence for North Carolina on
Q: I broke a no contact order and I'm the victim. I fell into his trap. However, things have gotten worse.

He got me fired from my job and shows up knocking on my window at night when I tell him not to come over. He talks me into getting a ride to somewhere when he comes over late then always ends up back at my house. We will be good for days then it starts over again. I want him to stay away for good.... View More

Nick Benjamin
Nick Benjamin
answered on Nov 9, 2022

Who has the no contact order? Does he have one against you, or do you have one against him? And when you say 'no contact order,' is that a 50B restraining order or is that a pretrial release condition from a criminal charge? You either want contact or you don't - if you don't,... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for North Carolina on
Q: I'm trying to find pro bono legal support for a friend experiencing an alcoholic/abusive husband. Location: 28117

Mooresville, NC location. Couple has one son together, 13 years old. They own a home in husband's name. She owns her own business. They have 2 dogs and 2 cars.

David Allan King
David Allan King
answered on Jan 21, 2021

I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.

0 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Can my mom do this?...

I am 16 and have an almost 1 year old child. I have a restraining order against the father and isn’t allowed to see me or my son. My mom doesnt like my current boyfriend (not my child’s father) and kicked me out and refuses to let me see my son and has been letting the dad see him even though... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: I am the mom. How can I transition from supervised visitation to sole custody of my son? His father is a domestic abuse?

I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... View More

Amanda Bowden Johnson
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answered on Sep 20, 2020

Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For... View More

2 Answers | Asked in Divorce, Domestic Violence and Family Law for North Carolina on
Q: My Ex has recently been arrested & I'm wanting to divorce him but it hasn't been a complete year yet can i say it has?

I have a past with him with domestic violence and he cheated on me all the time I finally found a amazing man that treats me the way a women should be treated......

Could I divorce in any faster even though it's not been a complete year but it's been a little over six months as... View More

Amanda Bowden Johnson
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answered on Sep 14, 2020

You are essentially asking if you can lie to the court. The answer to that is - yes, you can. However, if you do and get caught it is potentially a felony and you may end up being with your husband in jail. There is no legal way around the one year separation requirement in North Carolina.... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: Can I get a continuance on a domestic violence order protection violation?

I shouldn't even have this out on me but because I found out my wife was cheating on me and I told her I didn't want to get back with her she took my kids and went and put a restraining order on me. I did not realize the punishment if you did not show up to the court date but I was not in... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 10, 2020

I am answering this question as it pertain to NC law, even though you appear to be from VA. Yes, it is possible to get a Domestic Violence Protective Order (DVPO) "continued," although I don't think this is what you are really trying to answer.

To get a DVPO, the plaintiff...
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2 Answers | Asked in Family Law and Domestic Violence for North Carolina on
Q: If a property settlement was done when separation papers were signed but no divorce ever happened and they reconciled

Reconciled in 99, 2 years after separating.....now he's spending nights with another woman. I've been back in the home I signed over to him for 10 year's. He has always cheated but now he's being mentally abusing to me, and our 15 year old granddaughter that lives with us and... View More

Amanda Bowden Johnson
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answered on Jun 14, 2020

If your separation agreement and property settlement agreement were properly drafted and executed, there should be a clause that addresses what happens in the event of reconciliation. Typically that clause will state that the agreement shall remain in effect. If so, you should still have the same... View More

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: I got a custody/visitation summons from my children's father. I live in NC. How do I go about answering to the summons?

He was verbally abusive to me and the kids. That is why we all three live in North Carolina with my mother/their grandmother.

Angela L. Haas
Angela L. Haas
answered on May 7, 2020

You should have also received a Complaint, to go along with the Summons. You will need to file an Answer to the Complaint (not required, but certainly advisable), and most likely you'll want to file a Counterclaim for Custody, in addition to other claims (i.e. child support, spousal support,... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: If both of my parents are willing to emancipate me can I be emancipated in North Carolina without going through a court?

I haven’t lived with my parents in over a year. I am still in contact with my mother, but my family has been abusive my entire life, with my father being arrested for domestic violence, (my mother dropped the charges but we had a restraining order for a few months) and my mother being in a... View More

Angela L. Haas
Angela L. Haas
answered on Apr 22, 2020

Short answer is: you'll need a court order. If you are almost 18 anyway, I'm not sure why you couldn't just wait until your 18th birthday to be able to make your own legal decisions. Contact an attorney to learn more about your options and the process of emancipation.

1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Small Claims for North Carolina on
Q: My ex stole my car and is refusing to return it it’s in my name.

My ex and I recently broke up and he has stolen my car and is hiding it somewhere and refuses to bring it back. The title is in my name. Will the police do anything?

Amanda Bowden Johnson
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answered on Apr 15, 2020

If by ex you mean husband - the police likely will not do anything. If you mean ex as in boyfriend - then is is possible they will consider it theft. You should call either way. Best of luck.

1 Answer | Asked in Civil Litigation, Collections, Domestic Violence and Small Claims for North Carolina on
Q: Can my ex take me to a collection agency for this?

My (now) ex and I share the same phone plan. It is under his name and he pays for it. I used to just give him my half every month. Now that we are broken up, I blocked him on everything. I am figuring out getting my own phone plan but there is technically still money that I owe him to date.... View More

Paige Kurtz
Paige Kurtz
answered on Apr 16, 2020

If you had agreement that you would pay half of the bill, then yes, he can seek to collect from you. Given the amount, he would probably file an action in small claims.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Hello I am 16 years old and live wirh my dad and stepmom. My dad stays high and drunk every night when he gets home.

My step mom stays high all day too on any kind of pill she can get and does meth sometimes with her friend while me and my brother babysit her friends kid. My dad has hit me multiple times, he cussed me out and tells me he hates me all the

Time. My step mom is either passed out high or when... View More

Adam Bull
Adam Bull
answered on Jan 28, 2020

Sorry to hear you are in such a bad situation. You are doing the correct thing and are entitled to a safe and secure home, free from substance abuse and violence. Things you can do:

1) report the activity to your school counselor and resource office.

2) call the Department of...
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