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North Carolina Domestic Violence Questions & Answers

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 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 publicly stand... 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 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 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 he... 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 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 to legal work - you'd likely have... 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 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 answered on Jan 18, 2019

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

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on

Q: My friend messaged the girl who has a restraining order out on me. Can I get in trouble and if so what do I need to do?

Kelli Y Allen answered on Jan 18, 2019

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.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on

Q: No custody order. Can I keep my daughters father from having unsupervised visitation with her?

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 »

Amanda Bowden Houser answered on Aug 9, 2018

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 »

1 Answer | Asked in Divorce and Domestic Violence for North Carolina on

Q: Verbally abusive, paranoid husband with years of drinking issues is getting progressively worse. Now including 10 yr

old daughter of lying and collusion. If I file for divorce, can I get a restraining order to protect myself and my daughter?

Amanda Bowden Houser answered on Jul 6, 2018

You do not need a divorce or to have filed for divorce in order to get a restraining or protective order.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Carolina on

Q: How do I get a no contact order reversed

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 »

Amanda Bowden Houser answered on Jun 28, 2018

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on

Q: If two people have a restraining order against eachother and they then meet up with eachother/see eachother...

If both have a restraining order and they both saw eachother and then proceeded to make claims against eachother, what would happen?

Kristen Dewar answered on Apr 6, 2018

They both can be charged with violating the order. Remember, the plaintiff cannot give the defendant permission to violate the order.

1 Answer | Asked in Domestic Violence and Family Law for North Carolina on

Q: Is it still legal to spank your child in north carolina?

Amanda Bowden Houser answered on Mar 21, 2018

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.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for North Carolina on

Q: In NC, what is considered sufficient evidence of physical abuse, infidelity, and financial abuse in divorce proceedings

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.

Daphne Edwards answered on Feb 12, 2018

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 »

1 Answer | Asked in Landlord - Tenant and Domestic Violence for North Carolina on

Q: Ex-husband jail release 2/19. He burned down my house, stalked me and hit me. Landlord waive break-lease fee law for me?

Want to know if there's a law in my favor to move without fee for breaking my lease just renewed in Nov 2017.

Will Blackton answered on Feb 9, 2018

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 »

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for North Carolina on

Q: There is a no contact order. My sons father will not give him back to my mom to give to me what do I do ?

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 »

Amanda Bowden Houser answered on Feb 4, 2018

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 »

1 Answer | Asked in Domestic Violence and Family Law for North Carolina on

Q: Marine wife needs to move out of state to get away from abusive husband, can she be charged with kidnapping?

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 »

Amanda Bowden Houser answered on Jan 24, 2018

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 »

1 Answer | Asked in Divorce and Domestic Violence for North Carolina on

Q: I have been separated from my abusive husband for 10 years I want a divorce but I don't know where he is

He is illegal and I haven't the slightest idea where he is since he has been on the run from the police. My question is what would be the easiest and fastest way for me to get a divorce? I would really like to move on from this chapter of my life. Thanks!

Amanda Bowden Houser answered on Jan 22, 2018

the easiest and fastest way would be for you to find him and get him properly served. If you can not do that, you can still get divorced but it will take much longer and be way more expensive. Visit our site at www.easyncdivorce.com

1 Answer | Asked in Domestic Violence and Family Law for North Carolina on

Q: what can you do if your being emotionally abused?

My boyfriends parents fight a lot, he yells at her and makes her cry, stressed and depressed, what can she do? She wont leave. Its gotten so bad that she took her sons and grandson to another house to sleep, to get away from him.

Amanda Bowden Houser answered on Jan 16, 2018

If she won't leave, there is likely nothing you can do unless he commits a crime in which case you can call law enforcement. However, no matter how well intentioned you are, you never know how your meddling in other peoples affairs will turn out - could be helpful, could be disastrous or anything... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on

Q: A Case Dismissed, Future Jobs at Risk?

Someone has a case over a domestic issue, when really it is not anything but overreacted people and emotions. The case is supposed to be dismissed from too many continuations of "victim" not showing. For the defendant who has no criminal history, if this case is removed, does she have to worry... Read more »

Kristen Dewar answered on Jan 10, 2018

Generally, dismissed charges do not appear on a commercial criminal background check typically run by potential employers.

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on

Q: In a domestic violence case the judge orders the defendant to not have contact with the victim and is sentenced, but

Then the defendant and victim get married can this no contact order be amended by the judge?

Bill Powers answered on Jan 9, 2018

GREAT QUESTION, more information would be helpful.

Domestic Violence cases in North Carolina can be a bit complicated. That's because there are aspects of such cases that touch more than one branch of the judicial system.

For example, it's not unusual to see Criminal charges such...
Read more »

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