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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

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

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

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 want to file for divorce in North Carolina, which will be one year in August, after leaving a severely abusive situation. We lived in NC, and I still do. We have no children, no shared property, or obligations together. Although there are no official reports of the abuse, there are witnesses to... View 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
If the defendant in a custody complaint does not respond within the 30 days allowed, what repercussions might they face? The complaint, filed in a specific court in Union County, seeks joint physical custody but sole legal custody. We are in contact as co-parents, and there is a mediation... View More

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
I am concerned about my ex-spouse's behavior toward me and its impact on my daughter. She reposted a TikTok message suggesting harm toward me, stating her mom talks about wanting to harm or kill me. My ex-spouse has previously assaulted me but was let off after signing over custody. In this... View More

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
I'm seeking advice for my 16-year-old girlfriend who is suffering ongoing verbal abuse from her alcoholic parents, who also make threatening remarks. CPS has been contacted previously, but her mother manipulates the situation, so the abuse continues. My parents are aware of her situation, and... View 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
I was recently restrained in a non-consensual manner by someone with a suspected intention of sexual assault. This person has a history of sexually harassing me despite my explicit refusals and attempts to deter their behavior. Although there’s no evidence of the physical restraint, there is... View 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
I want to get rid of an unwanted guest who has turned into a tenant on my property in North Carolina. He has been staying here for about four years to take care of his sick father, but his name isn't on the deed, and he isn't paying rent or bills. I've asked him to leave verbally and... View More

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
I have a custody agreement that allows my child to visit his dad every other weekend. During a visit, my child was sexually assaulted by his father's other minor son. I reported the incident to the police, and they advised me to file for emergency custody. I need to know how to file a motion... View More

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
I was charged with domestic violence along with my boyfriend, who I lived with at the time. It's our first time being involved with law enforcement, but we've had domestic issues twice before that caused a temporary breakup. We are not married. Do we have the right not to testify against... View More

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
I want to have my gun rights restored in North Carolina. I'm not a felon, but I do have misdemeanors that occurred over 20 years ago and a 50B order from around 2013. What steps do I need to take to restore my gun rights, considering these past legal issues?

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
I'm currently separated from my wife, who is not living in our home due to infidelity and a restraining order related to her attempt to harm our children. We jointly own and have paid off two cars. She recently stole the car titles and threatened via text to unregister the cars out of spite.... View More

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
Owner/Senior Partner of firm was my representative. His nephew is an attorney within that firm who is representing a male who assaulted me (female).

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
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.
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