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 publicly stand... 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 he... 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 to legal work - you'd likely have... 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.
If he messaged her at your instruction, yes, that could cause a problem for you. You are not allowed to have contact even through a third party.
I recently filed for child support because my daughters father has been absent for over 3 months. Before becoming absent he would go time and time again without seeing her because he had other plans. Wouldnt provide things she needs. Showed up drunk to watch her. Left her outside alone in the car... Read more »
You don't get to dictate the terms of visitation, no matter how well intentioned you are. If you are going to refuse his requests for visitation or even impose restrictions, you had better have extreme good cause that you can prove to the court. Rolling up into court with what your 'gut is... Read more »
old daughter of lying and collusion. If I file for divorce, can I get a restraining order to protect myself and my daughter?
You do not need a divorce or to have filed for divorce in order to get a restraining or protective order.
A argument with my husband and myself went a little too far on his end. EMS was called and the sheriff also arrived, by this time my husband had left. The sheriffs office arrested him for assault on a female, a judge then set his bond and ordered him no contact with me. I didn’t want the charges,... Read more »
If an argument with your husband resulted in a legitimate and reasonable need for you to be checked out by EMS - then your calling it 'going a little too far' is likely a clear screaming indication of your improper denial of the seriousness of the event. A seriousness that apparently your family... Read more »
If both have a restraining order and they both saw eachother and then proceeded to make claims against eachother, what would happen?
They both can be charged with violating the order. Remember, the plaintiff cannot give the defendant permission to violate the order.
Yes. And based on how a lot of kids act today it likely ought to not only be illegal for you not to spank your children but also legal for others to spank your child.
I have audio recording of physical abuse, pictures of the abuse, and a hospital visit for one injury. The cheating I only have screenshots of mild conversations and a screenshot of his location when he was in a hotel room with a prostitute.
When a husband and wife are divorcing, I often address (1) division of marital property, (2) alimony, and (3) custody. In dividing the marital property, a court does not consider any misconduct except misconduct that harms the value of marital property, such as excessively spending of assets or... Read more »
Want to know if there's a law in my favor to move without fee for breaking my lease just renewed in Nov 2017.
North Carolina law does afford special protection for victims of domestic violence, sexual assault, or stalking, in relation to early termination of rental agreements in Section 42-45.1 of the North Carolina General Statutes.
The N.C. General Assembly's unofficial copy of the statute is... Read more »
There is a no contact order until my court date . My sons father refuses to give him back to my mom in order for him to be with me. My child’s father had no intrest taking care of our son until we broke up . I’ve been with my son everyday since birth. How do I go about getting my son back. We... Read more »
If the father is on the birth certificate and there is no court order or formal written agreement about custody, then the father has as much right to the child as you do and you have likely been misinformed that father 'has to give him back' to you. That said, he is likely doing this solely to be... Read more »
He’s in the Marines transitioning out, she fears for her safety and has no monetary resources, he made her quit her job. The only option she has is to move back home to her moms to get back on her feet. She’s afraid if she files for separation and then leaves he could do something terrible. She... Read more »
You don'r 'file for separation' in NC so you don't have to worry about that. Leaving the state with a child could be a problem but if you are doing so because you legitimately fear for your safety it is doubtful you'd have any real problems especially if he is technically still active duty. One... Read more »
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.
