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 give...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 hearing,... 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 to try and...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 office will...Read more »
Hi! My step-father, just recently, abused my mother, broke one of our puppies legs and stole the car and drove off without a license. That's a lot of different offenses. I'm scared that he'll come back, and I don't know what I'll do if I see him on our property again. Probably something I'll... Read more »
Of course it's not legal. You are allowed to use reasonable physical force to defend yourself and others and deadly force if you are in reasonable fear of imminent death or serious bodily injury or in the defense of another under those circumstances. Call law enforcement and let them deal with...Read more »
*I have added additional information to the bottom of this form *
This order was served after she began manipulation and gaslighting in order to make me jump through hoops to get time with my son ( we are separated) The order claims violence, threats and many other claims that are not true.... Read more »
If you can not afford an attorney your options are to go to court, do the best you can and let the chips fall where they may. If you lose, you likely won't get to see your son. And yes, it is very possible you got played.
My daughters father and I were together for 6 years, our daughter is 3. The split was amicable, I got to keep the car (it is in his name) and he pays for her daycare($550 a month), but we also agreed upon him giving $100 a week to cover whatever extra expenses she may incur and I may not be able to... Read more »
I have issue in my life. My dad sometimes goes mad and he hits walls and screams. Sometimes he gets really mad for small reasons such as my uncle waking up late. He yells and gets jealous of things easily. He accuses my mom of cheating on him. My mom and him had a arranged marriage. I think that he... Read more »
These sound like personal and mental health issues. The only viable legal remedy for a situation like this is a restraining order and / or an involuntary commitment (if you meet the requirements) but that may do more harm than good. Your best bet is for you and you family to sit him down and...Read more »
I got a restraining order on my husband. He was suffering from a mental illness that I tried to help him with by involuntary commitment. He was homeless so I took him back for a little bit. I realized my error when his mental illness got worse and he started having delusions. After I got him out he... Read more »
Your story doesn't quite add up - homeless sick people aren't ordered or should be expected to pay $50 a week in child support and people who legitimately need restraining orders don't let the offending person back into the house and involuntarily commited people who are as sick as you alledge...Read more »
over a cell phone she bought me then decided to ask for it back and charge me for it when she asked for a separation. Does it matter that she committed adultery? Do I have to pay her back for the gift of a phone?
I have posted once this site, no response. Been weeks reading things online and I do not get all the fancy terms people us. I have a semi-complicated issue being a victim of domestic assault from my wife who came on a K1 (still has no SSN, green card, living status). She has a protection order... Read more »
If you are "dead broke" - who cares if she makes threats to make you "financially suffer"? What it sounds like you need to do is simply separate (not live together) and likely also have no or minimal contact. Do that for one year and you are eligible for divorce. Divorce is fairly cheap - $395...Read more »
I have that order and a misdemeanor assault by pointing a gun warrant that I was served and released on a $5000 unsecured bond. I have court tomorrow for the civil summons order. Will I be locked up in jail again?
I don't think you've provided enough information for a lawyer to give an answer with confidence. But, a summons in a civil case does not impose criminal penalties. However, once the civil court enters an order in the civil case (e.g., a restraining order on not contacting a person), it can be a...Read more »
You cannot drop the charges against anyone, this is a decision made by the prosecuting district attorney. You can contact the DA and say that you are not willing to cooperate in a criminal prosecution of this matter, which may lead to the DA dismissing the charges.
If you took out a dvpo, odds are you are still living together. If so, you are ineligible for divorce. You need to be physically separated (not living together) for one year in order to be eligible to file for divorce in NC. If you have been separated for one year and if you are indigent and...Read more »
My mom continues to punish him, but nothing gives. He disrespects everyone including her and me and verbally assault me by saying "shut up you fat f**ck." I can't continue to get my personal belongings missing because of him and constantly get hit. My mother doesn't hardly do anything because he... Read more »
You can call law enforcement or go to your local magistrates office and swear out a warrant. This will likely cause problelms with your parents, so you should discuss it with them first. If they say no, your options may be to continue to put up with the criminal behavior or have him arrested and...Read more »
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