Brian King Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2025

To file for divorce in North Carolina after experiencing abuse, start by preparing and filing a Complaint for Divorce in the district court of your county. Since you have no children, shared property, or obligations, the process can be more straightforward. You can cite separation for one year as... View More

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answered on Jul 6, 2025

If the defendant fails to respond to your custody complaint within the 30-day window under North Carolina law, the court can enter a default judgment against him. That means the judge may grant the relief you requested—such as sole legal custody—without his input. However, courts in custody... View More

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answered on Jul 6, 2025

Yes, you should report this to law enforcement immediately. In North Carolina, even indirect threats—such as social media reposts suggesting harm—can be taken seriously, especially when there's a documented history of prior violence. If your daughter’s post indicates that your ex is... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

The fact that you and your parents are already aware of her situation puts you in a strong position to help build a case for intervention. North Carolina law requires every adult to report suspected child maltreatment, and you don't need proof - only reasonable suspicion that abuse occurred.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

You have every right to feel safe and to seek legal protection when someone restrains you without consent and has a pattern of sexual harassment.

First, document whatever you can recall about the restraint—dates, times, locations, any witnesses—and preserve any harassing messages or... View More

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answered on Apr 13, 2025

To remove an unwanted guest in North Carolina, the first step is understanding the legal status of the person in your home. Since they have been living there for a long period without paying rent, they may be considered a tenant under the law, even if their name is not on the lease or deed. This... View More

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answered on Apr 13, 2025

I'm so sorry you and your child are going through this. In North Carolina, when a child’s safety is in immediate danger, you can file for **ex parte emergency custody**, which means the court can issue a temporary order without notifying the other parent first. The situation you’ve... View More

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answered on Apr 13, 2025

Based on principles of testimonial privilege in domestic violence cases, unmarried couples generally do not have the legal right to refuse to testify against each other. The spousal privilege, which allows married individuals to decline testifying against their spouse in certain circumstances, does... View More

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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

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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

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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

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.

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

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

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

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

David Allan King Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.