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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 165
Experience:  N/A
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My wife's phone was ripped out of her hand by her ex husband

Customer Question

My wife's phone was ripped out of her hand by her ex husband so he could erase a recording of him being verbally abussive to her while in my stepdaughters hospital room when I was not there. He left a slight bruise where he grabbed her. We live in NC what can be done?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Law Tutor, Esq. replied 6 months ago.

Hello and welcome to JustAnswer. I look forward to assisting you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  Law Tutor, Esq. replied 6 months ago.

You have indicated that your wife's ex-husband ripped a cell phone from her hand and left a slight bruise on her while in your step-daughter's hospital room. This would constitute domestic violence under (N.C. Gen. Stat. § 50B-1). Domestic violence exists when people that share a personal relationship (ex-spouses) commits an act which (1) intentionally causes or attempts to cause bodily injury, (2) puts the victim or victim's family members in fear of bodily injury or continuous harassment which causes substantial emotional distress or (3) commits certain sex-related crimes against the victim. Your wife may also want to obtain a protective order against him. She may got to the court and petition for an emergency protective order if she believes that she or the minor child are in danger of serious injury or harm. The emergency protective order is good for 10 days. After that, she may be able to get a protective order for one year, which can be renewed for another year. I hope this helps.

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Expert:  Law Tutor, Esq. replied 6 months ago.

Also, this may fall within the criminal offense of assault and battery which is a misdemeanor that usually carries a maximum sentence of five months in jail and possibly a fine.

Expert:  Law Tutor, Esq. replied 6 months ago.

Did you have any other questions? I hope things are going well for you. If you don't require anything further, please don't forget to rate me 5 stars so that I may receive credit from the site for helping you. Take care!