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North Carolina Domestic Violence Questions & Answers
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
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 Johnson
Amanda Bowden Johnson 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... 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 Johnson
Amanda Bowden Johnson 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 Johnson
Amanda Bowden Johnson 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... 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
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 Johnson
Amanda Bowden Johnson 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
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
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...
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 Johnson
Amanda Bowden Johnson 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... 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 Johnson
Amanda Bowden Johnson 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... 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 Johnson
Amanda Bowden Johnson 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 Johnson
Amanda Bowden Johnson 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... 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... Read more »

Kristen Dewar
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
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...
Read more »

1 Answer | Asked in Personal Injury and Domestic Violence for North Carolina on
Q: Is It Possible To Sue Somebody For Domestic Abuse 3 Years After ?
Peter N. Munsing
Peter N. Munsing answered on Jan 3, 2018

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: Changing Public Defenders?

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 »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 28, 2017

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 »

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for North Carolina on
Q: What Is a Trial Like for...?

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 »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 19, 2017

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I press charges against someone f I don't go to court will I get a failure to appear if I'm the one who press the charge
Kristen Dewar
Kristen Dewar answered on Dec 16, 2017

No, you won't get a failure to appear as the prosecuting witness. If the defendant doesn't appear, he or she would be subject to a Failure to Appear/Order for Arrest.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Landlord - Tenant for North Carolina on
Q: Boyfriend chocked me twice and I'm pregnant we have a baby together already and lease is in my name I have no job

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

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 14, 2017

You didn't ask a question but I assume to wnat options - if so, it is likely your options are:

1) to take out a DVPO and effectively put him out and figure out a way to pay your expenses or

2) you move out and figure out a way to pay your expenses and deal with any lease...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I have been charged with a simple assault, domestic violence charge. 1st offense. Can a public defender help dismiss it?

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 »

Kristen Dewar
Kristen Dewar answered on Dec 10, 2017

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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