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North Carolina Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for North Carolina on
Q: My younger brother of 15 yrs. continues to lay his hands on me (punch), steal, and verbally assault. What should I do?

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... View More

Amanda Bowden Johnson
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answered on Feb 4, 2017

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... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for North Carolina on
Q: How could a DVPO with just cause hurt the plaintiff in an unresolved custody case?

What are some common unintended consequences of seeking a legitimate DVPO before custody is settled?

Amanda Bowden Johnson
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answered on Dec 13, 2016

The only unintended consequence I am aware of is that filing the DVPO could piss off the Defendant so much that they kill the Plaintiff. In that case, the custody issue becomes moot.

1 Answer | Asked in Domestic Violence, Family Law and Personal Injury for North Carolina on
Q: Is repeated attempts at contact from my estranged mother considered harassment?

My mother and stepfather have been estranged from me and my nuclear family (wife and children) for over a year due to my abusive childhood and their narcissistic and abusive qualities towards me and my wife in my adulthood.

I have received several texts from my mother that blatantly ignore... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 21, 2016

The texts if threatening would give you a right to a court no-contact order. Packages without more are iffy. A court would say don't open them or return them. Contact a member of the NC Advocates for Justice--they give free consults.

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Domestic Violence for North Carolina on
Q: Can I make a contract stating that I can hit my bf back when he hits me without legal consequences?
Amanda Bowden Johnson
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answered on Oct 2, 2016

You can make such a contract but it would not be legal or enforceable. Basically, that would be an attempt to contract to break the law.

1 Answer | Asked in Domestic Violence for North Carolina on
Q: What hapoens to a plaintiff is they take a domestic warrant out and they don't show up for court?
Melissa Averett
Melissa Averett
answered on Jun 15, 2016

Typically, nothing. If she has a habit of taking out warrants and not appearing, the court has the option of charging her with abuse of process, or the court may order that a judge or district attorney has to approve any future warrants before they are issued, but that only happens in extreme... View More

2 Answers | Asked in Domestic Violence for North Carolina on
Q: How can i get the no contact order lifted im the vic and i want it lifted due to our daughter

We have a no contact order in place once he gets out but we live together and we have a kid together and he doesnt knownit yet but abother otw i never wanted any of this to happen but it did how can i get his lifted so i can still live there bc i have no where else to go and so he can see his... View More

Melissa Averett
Melissa Averett
answered on Nov 16, 2015

First of all, you do not have to dismiss the order for him to see his daughter, or even for you to live with him. You can have an order that prohibits him from committing future acts of domestic violence, but does not prohibit contact. Those orders are harder to enforce, but the law does not... View More

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1 Answer | Asked in Domestic Violence for North Carolina on
Q: what can i do to make sure me and my boyfriend charges are drooped?

me and my boyfriend got into a fight and now we both have assault charges and cant have contact with each other however it was in a way my fault i have mental health issues and that day i was going thought a mental brake down and my boyfriend knew that he was actual trying to help but realized that... View More

Melissa Averett
Melissa Averett
answered on Oct 29, 2015

When you are charged with a crime, such as assault, the state is prosecuting you. The attorney for the state is the district attorney. Only the district attorney can drop the charges. If you have not hired an attorney, then you were probably appointed a public defender. Your public defender and the... View More

1 Answer | Asked in Domestic Violence for North Carolina on
Q: can u please tell me what the name of motion i would file to be able to modify a no contact order with my defendant.

We were soppose to get married but caught charges now we both are out of prison and on probation but arent allowed to be together because of no contact order. we would like to get married. I can file the motion myself I just need to know what kind of motion i am filing. Or can I go around this... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 6, 2015

It would probably be called a motion for modification of no contact order. The best thing to do is go see a local attorney for a full discussion. Every case depends upon the facts, you have not given much facts at all.

1 Answer | Asked in Domestic Violence for North Carolina on
Q: Do I need a lawyer, on a domestic violence case hearing in a civil court
Melissa Averett
Melissa Averett
answered on Sep 6, 2015

It never smart to go to court without a lawyer. You did not say if you are the plaintiff seeking the order or the defendant defending against the order. Domestic violence protective orders have serious legal consequences for both parties, including custody, possession of the shared residence,... View More

1 Answer | Asked in Domestic Violence for North Carolina on
Q: I pressed assault charges on my husband, we are seperated. I have court tomorrow do I need a lawyer?What should I expect

My child's "father" has supervised visitation that he agreed to. when he was asked to leave because his visit was over, he was refusing to leave unless I gave him a hug. I told him multiple times to NOT touch me & to leave. He finally walked towards me & pulled me up by my... View More

Melissa Averett
Melissa Averett
answered on Aug 5, 2015

When you had him arrested, the magistrate determined that there was probable cause to believe that your ex committed a crime. So its not you against him, its the state of NC against him and you are a witness for the prosecution. So, no, you don't need a lawyer. The district attorney... View More

1 Answer | Asked in Domestic Violence for North Carolina on
Q: do I need a lawyer after being served civil summons domestic violence papers in nc ?

we had major fight on vacation in cancun this past week , she attacked me first verbally than physical (scrathing my face and neck , biting a hole in my chest and digging her nail into my wrist ) than I attacked her and she ended up with 3 broken ribs from me punching her multiple times . we... View More

Melissa Averett
Melissa Averett
answered on Aug 3, 2015

A Domestic violence protective order can limit your right to possess a firearm, it can limit your employment options, limit where you can live, etc. So yes, you should hire an attorney.

1 Answer | Asked in Domestic Violence for North Carolina on
Q: My husband hit me brutally on my face and head. I had concussion and fractured skull.

Before he left he threatend to kill me if I told the police. After serious injury he again beat me.

I did not report to police but every time ended in dr's clinic for stitches.

After last beating on October 13 ,2014 he left home.

How can I press charges on him now... View More

Melissa Averett
Melissa Averett
answered on Jul 19, 2015

Have you contacted Legal Aid and/or the domestic violence advocacy agency in your area? That should be able to tell you if law enforcement and the district attorney's office is likely to prosecute him in criminal court. But you also have civil remedies, you can file for a protective order... View More

1 Answer | Asked in Domestic Violence for North Carolina on
Q: I pressed charges on my son's father automatically when I got the paper it said the state vs the defindant .. I want to

Drop the charge. I was told if I don't go they can subpoena me to come . if that is the case if I show up do I have to speak can I plead the 5 th. Will I get on trouble if I do so ? Please help

Melissa Averett
Melissa Averett
answered on Jul 17, 2015

The 5th Amendment to the Constitution protects your rights against self-incrimination in situations when YOU are being accused of a crime. It does not apply if you are not being asked about crimes you committed. An act of domestic violence is a crime, just like speeding, or stealing. The state... View More

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