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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33075
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Can a person place a domestic abuse charge against someone

Customer Question

can a person place a domestic abuse charge against someone else that resides in another state? Mother was in a public place with her baby and allowed the father a visit for Father's Day. Father violently punched the mother in the face, grabbed the baby and fled NYC to North Carolina. He then proceeded to press charges against the mom and NC is siding with the father.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

No, state charges can only be pursued in the state in which they occurred. She will have to hire a lawyer to respond to the charges in NC but she can also file charges in NYC against the father.

Customer: replied 9 months ago.
Will she have to file charges of parental kidnapping since both parents shared custody in the state of NY but he fled with the baby to North Carolina?
Expert:  Dwayne B. replied 9 months ago.

It's possible but it depends on what the order says exactly. Usually parental kidnapping requires taking the child and hiding them.

Customer: replied 9 months ago.
That's exactly what he did. Took the baby and her from everyone for over two weeks. He pressed charges against the mother in NC falsifying police reports, claiming the mother was abusive and unfit as a parent. an order of protection was placed stopping the mother from contact with the baby.What would you recommend be the next step for the mother?
Expert:  Dwayne B. replied 9 months ago.

The next step for the mother is to get a lawyer there in NY and file. If the baby has been there for more than six months or if the previous order was from a NY court then that court still has jurisdiction over the child.

The lawyer can then help her file charges.

Customer: replied 9 months ago.
Thank you. Will I be charged more than $5 for this conversation?
Expert:  Dwayne B. replied 9 months ago.

I don't have anything to do with the pricing on this and don't have info on that.

I just provide the answers and get rated by the customer.

Customer: replied 9 months ago.
Ok thank you for your help!
Expert:  Dwayne B. replied 9 months ago.

You're very welcome.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.