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.
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 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 »
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 »
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 »
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 »
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 »
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... Read 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... Read more »
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 »
He was verbally abusive to me and the kids. That is why we all three live in North Carolina with my mother/their grandmother.
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 »
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 »
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.
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 »
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.
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?
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.
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 »
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 »
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!!
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 »
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?
Only if you are served with it.
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 »
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 »
Is there anything we can do to get her to leave us alone without going to court?
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 »
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?
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.
I never filed charges on him prior to his incarceration.
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 »
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 »
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 »
Most likely, yes, but you need to look at the actual order and see the specific stipulations.
It is up to the judge. You would need to review the actual order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
