Get free answers to your Domestic Violence legal questions from lawyers in your area.
A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.
NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More 
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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
He has my boys, and they aren't going to school, and he is ignoring the law.How can they serve papers to get my.kids back I have a temporary custody order, and he doesn't work
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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
My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More
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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
I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?
answered on Jan 30, 2024
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.
elderly grandmother how can she do that if she wasn’t even around?
answered on May 16, 2023
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
answered on May 15, 2023
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
He got me fired from my job and shows up knocking on my window at night when I tell him not to come over. He talks me into getting a ride to somewhere when he comes over late then always ends up back at my house. We will be good for days then it starts over again. I want him to stay away for good.... View More
answered on Nov 9, 2022
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
answered on Nov 9, 2022
Assault charges between individuals who have or had a personal relationship. There are several types, both misdemeanor and felony.
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.
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.
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... View More
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answered on Sep 20, 2020
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... View 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... View More
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answered on Sep 14, 2020
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.... View 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... View More
answered on Aug 10, 2020
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... View 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... View More
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answered on Jun 14, 2020
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... View 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.
answered on May 7, 2020
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,... View 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... View More
answered on Apr 22, 2020
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.... View More
answered on Apr 16, 2020
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?
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answered on Apr 15, 2020
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... View More
answered on Jan 28, 2020
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... View 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!!
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answered on Dec 4, 2019
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... View More
answered on Oct 23, 2019
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?
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