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Category: Criminal Law
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Experience:  licensed attorney in Texas for 29 years
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i just got a letter from a court in NC about a domestic violence

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i just got a letter from a court in NC about a domestic violence case filed against me by my ex bf. all I remember doing is just sending him text messages but there was no life threats that i have said. I am already in NY. do I need to respond to this? they got the lastname spelled wrong, so technecally this is not me in the case as a defendant, right?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 3 years ago.
Thanks for your question.Yes you should respond here and consider attending.This appears to be something that they would deny here if you would contest the matter.Not appearing here risks some weird default and you want your side heard here.It might affect you down the road.
Customer: replied 3 years ago.
what will happen if I cannot or will not be able to appear to the court? Is there a way that this will just be thrown out? I cannot afford to fly from NY to NC and back for this. Will this haunt me even if I am in NY
Expert:  RayAnswers replied 3 years ago.
It might well do so.If you don't appear a default order may be entered.It could very well affect you or restrict you in this situation.
Customer: replied 3 years ago.
Relist: Answer quality.
I need more explanation. all i did was send text messages to my ex and i don't really want to respond to this case against me but I want to know the consequences.
Expert:  RayAnswers replied 3 years ago.
Well they will take this up without you.They will grant the other side pretty much anything they ask here including costs and fees.It is not a good idea here at all to blow this off.It may well have long term effects.They would only be hearing one side and that can be real dangerous.
Customer: replied 3 years ago.
But the last name on the notice is wrong. what should i do?
Expert:  RayAnswers replied 3 years ago.
You can raise this as an issue at trial here and seek dismissal.
Customer: replied 3 years ago.
in order to do that do I need to appear in court? the notice is for continuing demestic violence hearing and ex parte order, what is that? is that a civil or criminal case? is there a statute of limitations on that in NC, how long?
Expert:  RayAnswers replied 3 years ago.
According to North Carolina law, “domestic violence” occurs when one intimate partner uses physical violence, threats, stalking, harassment, or emotional or financial abuse to control, manipulate, coerce, or intimidate the other partner. A simpler definition is “the physical, sexual, and emotional maltreatment of one family member by another.”

In 1979, North Carolina responded to the problem of domestic violence by enacting Chapter 50B, the Domestic Violence Act. The Act establishes that domestic violence comprises attempting to cause or intentionally causing bodily injury, and placing a person in fear of “imminent serious bodily injury” by threatening the use of force. Relief under this Act is available when the parties are related as follows: are current or former spouses; are persons who live together or have lived together; are related as parents and children or as grandparents and grandchildren unless the child or grandchild is under the age of 16; have a child in common; are current or former household members; or are persons of the opposite sex who are in a dating relationship or have been in a dating relationship.

The Act provides a number of legal remedies, the most important of which is a Domestic Violence Protective Order (also called a Restraining Order or DVPO). The restraining order can contain any of the following: direct the batterer to refrain from threatening, abusing, following, harassing, or otherwise interfering with the victim; grant the victim possession of the residence and exclude the batterer; order eviction of batterer from residence and assist victim in returning to it; grant temporary custody of minor children and establish of visitation rights; order spousal support and/or child support; order possession of personal property; prohibit the batterer from purchasing a firearm; order the batterer to complete a treatment program. The restraining order can be entered for up to one year and can be renewed multiple times for “good cause.” Orders that are entered on or after October 1, 2005 may be renewed for up to 2 years rather than one year.

North Carolina’s criminal code also covers many acts of violence that commonly occur in abusive relationships, such as assault on a female; communicating threats; assault by pointing a gun; domestic criminal trespass; harassing phone calls; injury to a pregnant woman; assault with a deadly weapon; assault in the presence of a child; sexual battery; stalking; violation of a protective order.

Customer: replied 3 years ago.
Do i need to hire a laawyer to raise a despute about a wrong name? or should I just return to mail to sender?
Expert:  RayAnswers replied 3 years ago.
You can either respond to the court here yourself --address it to the judge and reference your case number XXXXX have lawyer do it here.Either way make sure that you respond and attend or have lawyer attend for you.
Customer: replied 3 years ago.
in reference to your answer, is it possible to respond the judge in writing about the wrong name? ( that sounds like, I am admitting of doing the crime.) and what happens if I tell the they got the wrong name? can he file it again under the correct name?
Expert:  RayAnswers replied 3 years ago.
It is possible here in your letter to ask for dismissal of this matter citing the mis spelling here as well as fact that you have relocated out of state and that there is no longer any need here for such an order.
Customer: replied 3 years ago.
if i do it in writing, do i need to have my statement notarized? and if i tell them that i don't live in NC anymore, does that mean the case will me dismissed?
Expert:  RayAnswers replied 3 years ago.
You can notarize your statement or letter here and send it in to the judge.It may be dismissed by the court based on your response here.
Customer: replied 3 years ago.
the notice says it is a hearing for emergency pursuant under GS 50B-2, what is that?
Expert:  RayAnswers replied 3 years ago.

§50B-2. Institution of civil action; motion for emergency relief; temporary orders

§ 50B-2. Institution of civil action; motion for emergency relief; temporary orders
(a) Any person residing in this State may seek relief under this Chapter by filing a civil action or by filing a motion in any existing action filed under Chapter 50 of the General Statutes alleging acts of domestic violence against himself or herself or a minor child who resides with or is in the custody of such person. Any aggrieved party entitled to relief under this Chapter may file a civil action and proceed pro se, without the assistance of legal counsel. The district court division of the General Court of Justice shall have original jurisdiction over actions instituted under this Chapter. No court costs shall be assessed for the filing, issuance, registration, or service of a protective order or petition for a protective order or witness subpoena in compliance with the Violence Against Women Act, 42 U.S.C. 3796gg-5.

(b) Emergency Relief. – A party may move the court for emergency relief if he or she believes there is a danger of serious and immediate injury to himself or herself or a minor child. A hearing on a motion for emergency relief, where no ex parte order is entered, shall be held after five days’ notice of the hearing to the other party or after five days from the date of service of process on the other party, whichever occurs first, provided, however, that no hearing shall be required if the service of process is not completed on the other party. If the party is proceeding pro se and does not request an ex parte hearing, the clerk shall set a date for hearing and issue a notice of hearing within the time periods provided in this subsection, and shall effect service of the summons, complaint, notice, and other papers through the appropriate law enforcement agency where the defendant is to be served.

(c) Ex Parte Orders. – Prior to the hearing, if it clearly appears to the court from specific facts shown, that there is a danger of acts of domestic violence against the aggrieved party or a minor child, the court may enter such orders as it deems necessary to protect the aggrieved party or minor children from such acts provided, however, that a temporary order for custody ex parte and prior to service of process and notice shall not be entered unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse. Upon the issuance of an ex parte order under this subsection, a hearing shall be held within 10 days from the date of issuance of the order or within seven days from the date of service of process on the other party, whichever occurs later. If an aggrieved party acting pro se requests ex parte relief, the clerk of superior court shall schedule an ex parte hearing with the district court division of the General Court of Justice within 72 hours of the filing for said relief, or by the end of the next day on which the district court is in session in the county in which the action was filed, whichever shall first occur. If the district court is not in session in said county, the aggrieved party may contact the clerk of superior court in any other county within the same judicial district who shall schedule an ex parte hearing with the district court division of the General Court of Justice by the end of the next day on which said court division is in session in that county. Upon the issuance of an ex parte order under this subsection, if the party is proceeding pro se, the Clerk shall set a date for hearing and issue a notice of hearing within the time periods provided in this subsection, and shall effect service of the summons, complaint, notice, order and other papers through the appropriate law enforcement agency where the defendant is to be served.

(c1) Ex Parte Orders by Authorized Magistrate. – The chief district court judge may authorize a magistrate or magistrates to hear any motions for emergency relief ex parte. Prior to the hearing, if the magistrate determines that at the time the party is seeking emergency relief ex parte the district court is not in session and a district court judge is not and will not be available to hear the motion for a period of four or more hours, the motion may be heard by the magistrate. If it clearly appears to the magistrate from specific facts shown that there is a danger of acts of domestic violence against the aggrieved party or a minor child, the magistrate may enter such orders as it deems necessary to protect the aggrieved party or minor children from such acts, except that a temporary order for custody ex parte and prior to service of process and notice shall not be entered unless the magistrate finds that the child is exposed to a substantial risk of bodily injury or sexual abuse. An ex parte order entered under this subsection shall expire and the magistrate shall schedule an ex parte hearing before a district court judge within 72 hours of the filing for relief under this subsection, or by the end of the next day on which the district court is in session in the county in which the action was filed, whichever occurs first. A party who has paid court costs due for seeking an order from the magistrate under this subsection shall not be liable for court costs for a hearing before the district court judge scheduled and heard pursuant to an order entered by the magistrate under this subsection. Ex parte orders entered by the district court judge pursuant to this subsection shall be entered and scheduled in accordance with subsection (c) of this section.

(c2) The authority granted to authorized magistrates to award temporary child custody to pursuant subsection (c1) of this section and pursuant to G.S. 50B-3(a)(4) is granted subject to custody rules to be established by the supervising chief district judge of each judicial district.

(d) Pro Se Forms. – The clerk of superior court of each county shall provide to pro se complainants all forms which are necessary or appropriate to enable them to proceed pro se pursuant to this section. The Clerk shall provide a supply of pro se forms to authorized magistrates who shall make the forms available to complainants seeking relief under subsection (c1) of this section.

Customer: replied 3 years ago.
I needed the answer explaied in lay man's term please since i don't understand it explained in legal terms
Expert:  RayAnswers replied 3 years ago.
The ex here filed a civil action here claiming that there was an emergency of danger to himself.

This portion is what occurred

b) Emergency Relief. – A party may move the court for emergency relief if he or she believes there is a danger of serious and immediate injury to himself or herself or a minor child. A hearing on a motion for emergency relief, where no ex parte order is entered, shall be held after five days’ notice of the hearing to the other party or after five days from the date of service of process on the other party, whichever occurs first, provided, however, that no hearing shall be required if the service of process is not completed on the other party. If the party is proceeding pro se and does not request an ex parte hearing, the clerk shall set a date for hearing and issue a notice of hearing within the time periods provided in this subsection, and shall effect service of the summons, complaint, notice, and other papers through the appropriate law enforcement agency where the defendant is to be served.


You now have right to appear here and contest based on the fact your name was misspelled and that you aren't living in state so no danger or need for such orders, etc.
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 29197
Experience: licensed attorney in Texas for 29 years
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