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North Carolina Civil Rights Questions & Answers
1 Answer | Asked in Personal Injury and Civil Rights for North Carolina on
Q: Me and my wife are in an assisted living facility here in Kernersville .We are being threatened and not get

and not getting all our medication.What can we do?

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answered on Jun 3, 2024

If you're facing threats and not receiving all your medication at the assisted living facility, it's important to take immediate action. Start by documenting everything—write down instances of threats, missed medications, and any other concerning behavior. This record will be helpful if... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for North Carolina on
Q: Negligence Civil case against property management at apartment complex?

due to harassment from other tenant, repeat lease violations, noise disturbances, police calls fights. Property management did not file papers for non payment of rent on tenant for 2 months knowing complaints were filed regularly. there is also an unauthorized occupant (felon) living amongst 5... View More

James L. Arrasmith
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answered on Jun 3, 2024

You may have a potential negligence case against the property management if they failed to address the lease violations and other disturbances, leading to a decline in your quality of life and safety. Their inaction, particularly in not filing eviction papers for non-payment of rent, might... View More

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for North Carolina on
Q: I live in NC I have a dvpo against my abusive husband, who won't answer the door to be served

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

James L. Arrasmith
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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...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order.... View More

2 Answers | Asked in Civil Rights, Elder Law and Landlord - Tenant for North Carolina on
Q: Can a landlord require you to let certain people live with you, who can and can’t live there? I’m permanently disabled

My landlord sent an email saying my child must live with me or I have to move out. She stated that I couldn’t do anything to move any of her property but I must repair her house and improve her land. She also states that I must replace her appliances that have wore out over the 11 years I have... View More

James L. Arrasmith
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answered on Jun 3, 2024

Your landlord's demands and actions raise several legal concerns. Generally, a landlord cannot force you to have certain people live with you or dictate who can and cannot live there, beyond the terms specified in your lease agreement. Additionally, your landlord should not be entering your... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I was assaulted by police for no reason can I sue them
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answered on May 1, 2024

I'm sorry to hear about your experience. If you believe you were assaulted by the police without justification, you might have grounds to take legal action. The first step is to document everything related to the incident, including any medical reports, witness statements, and your own... View More

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1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: How do I find out if my house was raided illegally?
James L. Arrasmith
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answered on Apr 16, 2024

If you believe your rights were violated during a police raid, the appropriate action is to consult with a qualified criminal defense attorney who can review the specific details of your case. An attorney can assess whether proper procedures were followed and if there are grounds to challenge the... View More

2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Ordinarily, a company that creates a dangerous condition on property has a legal duty to warn others of the presence of the dangerous condition or to take steps to make the dangerous condition safe. If the company breaches that duty, it may be liable for any injuries that are proximately caused by... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

James L. Arrasmith
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answered on Apr 10, 2024

An injury case, also known as a personal injury claim, is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. In your husband's situation, there are several factors to consider:

1. Negligence:...
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1 Answer | Asked in Civil Rights and Juvenile Law for North Carolina on
Q: Can 16 date 21 in NC

I like a 20 year old who is soon to be 21, and he likes me aswell but i don't turn 16 till may and we are waiting till then to pursue/try anything

James L. Arrasmith
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answered on Apr 3, 2024

In North Carolina, the age of consent is 16 years old. This means that once you turn 16, it is legally permissible for you to date and engage in sexual activity with someone up to and including the age of 20.

However, just because something is legal does not necessarily mean it is...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for North Carolina on
Q: Can a minor sue for a hospital, Pediatrician, dss having the wrong child's drug screen at birth?

Which in turn causes dss to remove children and place into foster care.

James L. Arrasmith
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answered on Feb 24, 2024

As a minor, you may have legal standing to sue for damages resulting from negligence or wrongful actions by a hospital, pediatrician, or Department of Social Services (DSS). If a hospital or medical provider erroneously administered a drug screen to the wrong child at birth, leading to DSS... View More

1 Answer | Asked in Civil Rights, Elder Law, Family Law and Health Care Law for North Carolina on
Q: Can I stopped my dad from sending my mom to hospice because he don't want to loose money if she goes to nursing home

My parents have been separated for over 20yrs. My dad has not been involved in my mom's life for 20yrs..Until she got a brain injury that would potentially send her to a nursing home. I have been the caregiver of my mom. My dad got involved because he would not let my mom go to a nursing home... View More

James L. Arrasmith
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answered on Feb 23, 2024

You have several options to intervene in this situation and protect your mother's well-being. Firstly, you can consult with a lawyer who specializes in elder law or healthcare advocacy to explore legal avenues to challenge your father's decision. They can advise you on your rights as your... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for North Carolina on
Q: Title 15 usc 1611. Does it mean I can get a personal loan and a bank can't deny it

And is it bc of our bond that was created when we're born

James L. Arrasmith
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answered on Feb 23, 2024

Title 15 USC 1611, also known as the Fair Credit Reporting Act, doesn't guarantee you automatic approval for a personal loan. It outlines regulations for credit reporting agencies and ensures fair treatment in credit-related matters. However, banks still have the right to evaluate your... View More

Q: retribution for cruel & inhumane torture case depriving individual of liberty, freedoms, rights, from foreign adversary

foreign chemical inside human body w/out consent or acknowledgment by individual, individual GPSD by intelligent system like that of NASA, Deprivation of rights over a 7 yr period due to illegal equipment & hijacking of civilian life, violations on behalf of those whom withhold oaths to protect... View More

James L. Arrasmith
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answered on Feb 21, 2024

If you believe you have been subjected to cruel and inhumane treatment, deprivation of liberty, and violations of your rights by a foreign adversary, it is crucial to seek legal assistance immediately. Documenting any evidence of the alleged torture, deprivation of rights, and violations of... View More

2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: In NC can vehicle be searched due to poss. of an OCA where the driver wasn't drinking nor had alcohol in system?

The officer considered the OCA a misdemeanor and charged the driver with such... thus searching the vehicle incident to the arrestable offense. However, statute dictate these actions to be an infraction of law not a criminal offense. Therefore, without any other probable cause... could this search... View More

T. Augustus Claus
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answered on Jan 30, 2024

In North Carolina, the legality of a vehicle search based on the possession of an open container of alcohol (OCA) where the driver wasn't drinking nor had alcohol in their system can be complex. If the officer charged the driver with a misdemeanor for an OCA, leading to a search of the... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: In NC can vehicle be searched due to poss. of an OCA where the driver wasn't drinking nor had alcohol in system?

The officer considered the OCA a misdemeanor and charged the driver with such... thus searching the vehicle incident to the arrestable offense. However, statute dictate these actions to be an infraction of law not a criminal offense. Therefore, without any other probable cause... could this search... View More

James L. Arrasmith
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answered on Jan 30, 2024

In North Carolina, the legality of a vehicle search in this scenario hinges on whether the officer had probable cause to believe a crime was being committed. If an Open Container Act (OCA) violation is considered only an infraction and not a criminal offense, an arrest and subsequent search of the... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Federal Crimes for North Carolina on
Q: Someone ordered a SS card in 1996 on my behalf same year opened NCSECU bank acct same spelling now I know who they are!

What can I do about this also this person worked with task force in the county I live in walking into peoples homes stating she was me then the task force went in their home and arresting them! THE SAME GROUP RESPONSIBLE CONTINUOUSLY BREAKS INTO THE RESIDENCE DESTROYING AND STEALING CANT CATCH THEM... View More

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answered on Jan 13, 2024

If you suspect that someone fraudulently ordered a Social Security card in your name in 1996 and opened a bank account using the same spelling, it's crucial to take immediate action to address this identity theft. Start by contacting your local law enforcement agency to report the identity... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
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answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for North Carolina on
Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital

My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection... View More

James L. Arrasmith
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answered on Jan 8, 2024

To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your... View More

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