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North Carolina Domestic Violence Questions & Answers
1 Answer | 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... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 9, 2020

Your mother's actions may not be entirely legal per se but this is good 'ol boy North Carolina and I highly doubt any court or Judge would give her any 'legal punishments' as you put it based on what you have described. The bottom line is you are a child and if you won't... Read 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... Read more »

Amanda Bowden Houser
Amanda Bowden Houser 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... Read 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... Read more »

Amanda Bowden Houser
Amanda Bowden Houser 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.... Read 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... Read 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... Read more »

Amanda Bowden Houser
Amanda Bowden Houser 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... Read 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,... Read 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... Read 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 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.... Read 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 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 Houser
Amanda Bowden Houser 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 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... Read 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...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I slapped my boyfriend and got a charge

I am 19 he is 21 we are parents of a 3 month old with a ton of bills and in process of buying a house I slapped him and he went to stay at his dads . My neighbor in apartment called cops I admitted to slapping him and I got a charge! I’ve never been in trouble how do we get this dropped!!

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 4, 2019

Speaking to law enforcement and admitting to a crime was a complete and total mistake. At this point, you need to hire a local criminal law attorney ASAP before you make matters worse than you already have. If you stop trying to handle this yourself and follow your attorneys advice and if your... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for North Carolina on
Q: How many days do you get if a man presses charges on his wife for domestic violence?
William Jaksa
William Jaksa answered on Oct 23, 2019

Depends on the circumstances and facts surrounding the allegations. How bad was the assault? Was it on going? Were there long-lasting injuries? Were the kids present? Was a weapon used? Were alcohol or drugs a factor?

1 Answer | Asked in Domestic Violence and Criminal Law for North Carolina on
Q: Domestic violence warrant will I have a unsecured bond and will I ha e to spend 48 hrs. In jail?
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 23, 2019

Only if you are served with it.

1 Answer | Asked in Family Law and Domestic Violence for North Carolina on
Q: Can my daughter's ex take a DVPO oyt on me?And can he put my granddaughter on it?She lives w my daughter mainly.

My daughter has a child with a man that is my age.He was involved with her when she was underaged.My daughter left him and he met a girl and within a month he married her.His wife is on drugs and it is a fact even though she preaches her recovery.Anyways they move on the road I have lived on for 5... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 30, 2019

There are many ways to handle your daughter's ex - assuming you want to limit things to the legal ways. You should have a hearing on the DVPO and if you hire an attorney and keep your cool at the hearing, it will likely be dismissed and problem solved. So go consult with a local family law... Read more »

1 Answer | Asked in Family Law and Domestic Violence for North Carolina on
Q: We currently have a temporary restraining order against my mother in law. Is there anything we can do to not go to court

Is there anything we can do to get her to leave us alone without going to court?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 3, 2019

You don't get to eat your cake and still have it. You didn't seem to have any problem making the accusations to have the restraining order temporarily granted. If your mother in law's conduct warrants a restraining order, then you and your husband ought to have the fortitude to... Read more »

Q: I have separated from my fiance. He is now harassing me and my friends. Can I get a restraining order?

He also is unwilling to give me the money owed me according to our business contract and he also is not allowing me access to get the rest of my things from his home. What should I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

If the facts are as bad as you say, you can get a restraining order--and an order allowing you to get your things. But if you do owe him any money, you might see a lawsuit soon.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for North Carolina on
Q: Can I get a restraining order on my children's father before he gets released from prison.

I never filed charges on him prior to his incarceration.

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 17, 2019

Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: I am in desperate need of assistance finding help in seeing my three daughters who are being kept out of contact with me

After drafting a separation agreement stating the girls would reside with me, my spouse decided to skirt the law and removed them from the home and has kept them out of contact with me since July 2018. He was able to enter an order that is flawed in several ways in Oct. 2018 and is standing behind... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 9, 2019

What is 'amiss' is you trying to do your own legal work and you are not an attorney. Would you ever in a million years think to yourself - "know what, I know I'm not a mechanic but I'mma go ahead a rebuild my car's transmission - how hard could it be". Compared... Read more »

1 Answer | Asked in Domestic Violence for North Carolina on
Q: Does stay away within a 100 yards include no contact? For assault on female?
Kelli Y. Allen
Kelli Y. Allen answered on Jan 22, 2019

Most likely, yes, but you need to look at the actual order and see the specific stipulations.

1 Answer | Asked in Domestic Violence for North Carolina on
Q: How long does the court order a no contact on defendant
Kelli Y. Allen
Kelli Y. Allen answered on Jan 18, 2019

It is up to the judge. You would need to review the actual order.

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