Get free answers to your Domestic Violence legal questions from lawyers in your area.
I have a custody agreement that allows my child to visit his dad every other weekend. During a visit, my child was sexually assaulted by his father's other minor son. I reported the incident to the police, and they advised me to file for emergency custody. I need to know how to file a motion... View More 
I'm currently separated from my wife, who is not living in our home due to infidelity and a restraining order related to her attempt to harm our children. We jointly own and have paid off two cars. She recently stole the car titles and threatened via text to unregister the cars out of spite.... View More
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answered on Apr 11, 2025
That sounds like a highly stressful and emotional situation, and it’s good that you’ve taken steps to protect yourself and your children. In North Carolina, if both cars are jointly titled in your name and hers, neither of you can legally unregister or transfer ownership without the... View More
I want to have my gun rights restored in North Carolina. I'm not a felon, but I do have misdemeanors that occurred over 20 years ago and a 50B order from around 2013. What steps do I need to take to restore my gun rights, considering these past legal issues?
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answered on Apr 12, 2025
Restoring your gun rights in North Carolina can be a complex process, especially with a history of misdemeanors and a 50B order. First, you'll need to understand that while you're not a felon, certain domestic violence convictions or orders can still affect your ability to possess... View More
I was charged with domestic violence along with my boyfriend, who I lived with at the time. It's our first time being involved with law enforcement, but we've had domestic issues twice before that caused a temporary breakup. We are not married. Do we have the right not to testify against... View More
I want to get rid of an unwanted guest who has turned into a tenant on my property in North Carolina. He has been staying here for about four years to take care of his sick father, but his name isn't on the deed, and he isn't paying rent or bills. I've asked him to leave verbally and... View More
Owner/Senior Partner of firm was my representative. His nephew is an attorney within that firm who is representing a male who assaulted me (female).
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answered on Jan 21, 2025
If an attorney from a law firm has already represented you, it may create a conflict of interest for another attorney from the same firm to represent someone whose interests are directly opposed to yours, such as someone accused of assaulting you. Law firms are generally expected to maintain... View More
A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.
NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More
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answered on Aug 19, 2024
Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More
He has my boys, and they aren't going to school, and he is ignoring the law.How can they serve papers to get my.kids back I have a temporary custody order, and he doesn't work
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answered on Jun 3, 2024
I'm sorry to hear about your situation. If your husband is avoiding service of the DVPO and temporary custody order, you have a few options to ensure he is served and you can regain custody of your children.
First, contact the local sheriff's department or law enforcement agency... View More
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?
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.
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
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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
elderly grandmother how can she do that if she wasn’t even around?
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
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
answered on Nov 9, 2022
Assault charges between individuals who have or had a personal relationship. There are several types, both misdemeanor and felony.
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
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
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.
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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.
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
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
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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
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
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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
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
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... View More
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
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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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