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...Read more »
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...Read more »
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 »
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...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...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...Read more »
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!
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
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.
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...Read more »
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... Read more »
you have 3 years from the date of the last injury. If it's within that time frame the other question is,if successful are you likely to be able to collect on that. Speak with the attorney who handled your divorce for starters. If not married, consult a member of the NC Assn for Justice--they...Read more »
If a court appointed public defender seems uninterested, unwilling, and thinks you will still go to jail for stupid reasons that involve 100% no abuse, violence, threats, etc. in a "domestic case" that involves only yelling between the two parties, can the PD be replaced? Before the court... Read more »
First lets get the terminology right, you are a defendant not a 'defender'. There are no guarantees. You could hire the most awesome successful criminal defense attorney ever and still end up going to jail. So your options are to continue on with the public defender assigned to you or...Read more »
I was at a hearing for a guy who broke a protection order by sending too many emails, just being an idiot. Not an abuser. He was arrested for it. His hearing was to face 4 months in jail (that affects the child support she will lose if he loses his job). He is not an abuser, they just had yelling... Read more »
He has already been determined to be an abuser thats why there is a protective order - Then he apparently went and violated that protective order, Now there will likely be a trial to determine not if he is an abuser (that's already been determined) but rather whether he violated the protective...Read more »
Lease is in my name and I'm not working to stay home with the baby, I want to get out of the situation but for him to only have contact for our children. I don't want him to serve jail time because of our children
This case was is NC. I am from NJ and plan to attend court 12/20. My boyfriend is going to come and request the case to be dismissed as well. Can a public defender help me get these charges dismissed as this is my 1st offense and arrest in my life? Or do I really need a private lawyer? I do not... Read more »
Generally, District Attorney's Offices are reluctant to outright dismiss domestic violence charges. A public defender, court-appointed counsel, or a private defense attorney all would have the same chance of having the charges dismissed. It is also not up to your boyfriend if the DA's...Read more »
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