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North Carolina Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for North Carolina on
Q: If I am a widow,do I have to changed my married name before I remarry?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

You never have to change your name if you don't want to. I would actually advise against it. I have seen how much paperwork you have to go through, and unless you really want to change your name, I wouldn't do it.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.

Can they discriminate against me for that?

Kirk Angel
Kirk Angel answered on May 22, 2021

You do not have to answer. However, the employer can terminate you for not answering.

1 Answer | Asked in Civil Litigation, Civil Rights and Environmental for North Carolina on
Q: In what way are the powers of the STATES limited?

State constitutions, Executive Orders, ect.

Tim Akpinar
Tim Akpinar answered on May 9, 2021

A fundamental way is through the Constitution's Supremacy Clause, which essentially states that the Constitution, federal laws, and treaties are the "Supreme Law of the Land" and take priority over conflicting state laws.

Here's the actual text (Article VI) "This...
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1 Answer | Asked in Family Law, Civil Rights and Social Security for North Carolina on
Q: How do I get legal representation for a hearing if I am legally declared incompetent
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 15, 2021

It is not clear what type of hearing you are asking about. Typically the person who is your legal guardian can arrange for representation in a legal matter. If you are asking about getting legal representation for a competency hearing then you will be appointed someone by the Court - just tell them... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
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1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Hi I received a check on the mail pertaining to this case and I wanted to know if I could take further action ?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 13, 2021

Please repost your question with more specifics. What kind of check and what "case"?

2 Answers | Asked in Consumer Law, Copyright and Civil Rights for North Carolina on
Q: How can I find opinions of Amy Coney Barrett
Tim Akpinar
Tim Akpinar answered on Sep 26, 2020

The Supreme Court's blog has a new page that summarizes her career highlights, and it mentions several cases. Here is the link:

https://www.scotusblog.com/2018/07/potential-nominee-profile-amy-coney-barrett/

Good luck

Tim Akpinar

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1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: is it illegal to burn a American flag
Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

When done as a form of protest it is considered free speech and to be a political activity, so it is protected by the constitution.

It is also the preferred method for disposing of a flag that has is no longer serviceable, the difference being that it is supposed to be done reverently.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for North Carolina on
Q: Can CPS cases be revealed in cases regarding other children?

I am in a custidy battle. I have 2 children, each have a different father. With my youngest son, I tested positive for drugs when I gave birth and a CPS case was automatically opened. Everything was fine with the baby at birth and at home, the home visits went well, I wasn't found to be... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 14, 2020

The case can be raised, but I'm not sure how significant it would be if it was closed as you indicate.

1 Answer | Asked in Contracts, Personal Injury, Cannabis & Marijuana Law and Civil Rights for North Carolina on
Q: I have reported a problem with the leasing office about the new neighbors and how my apartments smells like (weed)

They have not done anything about it and i have a seven year old. it comes from the bathrooms and all in the apartment.. it seems to be coming from the venting system. i spray light candles ect. What can i do about this? im worried about my child and myself

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that you are experiencing these problems. As for ensuring the landlord does something, the first place you should check is in your lease. I would not be able to tell you whether you have the right to enforce certain prohibitions in your lease, such as a smell penetrating your... Read more »

1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Sales agent denied me a viewing of a house in a new subdivision but allow another woman a viewing, is this legal?

I visited a new subdivision & fell in love with a floor plan. The sales rep. was unengaged during my visit & any feedback I got concerning the community I had to ask for it. I went back a week later to view the home again and the same rep, told me I could not view it because it had sold. I... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 13, 2020

It sounds like you have grounds for a complaint against the sales agency under the Federal and North Carolina's Fair Housing Act. You can do one of two things. File a complaint against the sales agency, or sue. I do not recommend suing on this kind of case without an attorney. A good place to... Read more »

1 Answer | Asked in Civil Rights, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: My little sister has ran away from her foster home. CPS has been at my house multiple times looking for her.

Dss will not stop coming to my house looking for my little sister. I willing let them in to look the first time after that I would not let them back in. They then took papers out on me for "contribute to del of a minor" what should I do ? No proof of anything just hearsay. Also can they... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on May 22, 2020

My experience with DSS workers is not good. They often seem to gleefully abuse their power based on the flimsiest of evidence or even just their own bias and prejudice. Typically speaking you should never cooperate with DSS. As to what you should do now, you could likely benefit from a... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for North Carolina on
Q: I need a good child custody lawyer who is willing to fight using facts against local DSS's deceit and lies...

I live in Wilkes County, North Carolina. The case is also in Wilkes. I will discuss what the case is about in detail upon finding the lawyer I need but it involves a whole lot of hearsay over actual facts. There have been a ridiculous 6 or 7 calls made to DSS, all questionable and none were... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 20, 2020

Your big mistake was cooperating with DSS. The time to have hired an attorney was prior to making that very bad decision. However, you still need an attorney and ASAP but you need a local attorney. So your best bet is to shop around locally - most of the attorneys here will not be able to assist... Read more »

1 Answer | Asked in Personal Injury, Tax Law, Banking and Civil Rights for North Carolina on
Q: Need ethical law firm that can process the evidence of dishonor against a bank for internal document fraud, Fudiary duty

I am involved as the victim of an identity theft operation called ghosting. My bank altered the tax ID # and my date of birth on the internal documents that are associated with my business accounts, overriding my social security number and date of birth with the identifiers belonging to somebody... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2019

This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. Accordingly,

this forum is not the place to seek free legal representation...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: A 4m old was taking by cps and officers the 1hr they knew the mother of the child wouldn’t be home.

Mother and child were made to leave their home and stay with grandparents. After cps told them they were doing so good and getting a new worker. Later came by and removed us. Parents had passed all drug screens. Accuse of DV. Even though father left to avoid a simple argument like they told him to... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on May 9, 2019

This is essentially what often happens when you let DSS into your business and cooperate with them. DSS is so bad that often your best bet is to simply leave the state with the child as soon as you get wind of them sniffing around. However, in your case that ship has sailed long ago. Now that... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for North Carolina on
Q: Can I sue my wife's employer after undue emotional distress after having an affair with one of her direct employees. NC

My wife is a manager for a large dialysis company and has led me to believe that she has had an affair with one of her subordinates. I have enough evidence to satisfy adultery in NC. In addition, I'm being treated for PTSD as a disabled law enforcement officer and Army vet and now have... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Apr 24, 2019

You can sue virtually anyone for virtually anything. The question you ought to be asking is - is it worth my while and what are my odds of success. Based on your description, it is likely not worth your while because the odds of success are likely less than slim and none. However, it never hurts... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: How do i go about seeking benefits on possible lost property in my bloodline in Tarboro NC fromthe Parker bloodline
Tim Akpinar
Tim Akpinar answered on Apr 17, 2019

As a starting point, you could contact the North Carolina Department of State Treasurer to see if they have records of unclaimed property in your family name.

Tim Akpinar

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: If I throw a flyer with a binder clip attached to it at the end of a houses driveway is it littering?

It has a list of services we offer and a coupon on it

Tim Akpinar
Tim Akpinar answered on Apr 6, 2019

This could depend on local rules. In addition to state and city environmental control board regs, some townships and villages have looked into measures to ban or control unsolicited flyers, coupon paks, etc.

Tim Akpinar

1 Answer | Asked in Immigration Law and Civil Rights for North Carolina on
Q: Can I get a lawyer to obtain a state ID for me so that I can vote. I can't drive around to do it myself.

I am willing to sign a power of attorney and to pay.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 18, 2019

Probably not. You might want to get an uber and go to the DMV yourself if you don't drive.

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Can I stand on a median or freeway exit a with sign?

I would like to know a section code or ordinance that makes panhandling illegal which is protected by the 1st amendment

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 6, 2018

This is the first amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of... Read more »

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