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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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North Carolina Greene County: Case 1: domestic violence

Customer Question

North Carolina Greene County: Case 1: domestic violence continued to benefit Plaintiff 3 times couple with Case 2: Me as Plaintiff in custody of 4 yr old son based on documented 45 days abandoning, neglect and substance abuse. Issue: BOTH cases were to
be heard together--domestic violence (against me) and family case me\Plaintiff against her were BOTH continued 3 times to benefiting mother. On day of hearing my defense counsel was approved on his motion to withdraw ($$$) and opposing counsel didn't even
show up until hour later but not prior to Judge GRANTING another 8 week continuance in favor of her\plaintiff in domestic violence against me. Expected Outcome: 1. Should have a Motion to Dismiss (Denied Speedy Trial on domestic violence) have been submitted
on my behalf? and, 2. Move forward with Family case regardless of opposing counsel? At every turn the judge has given leeway to mother however, for the domestic violence mother stated I called and threaten her and after subpoena of her phone records found
she LIED and the judge still continued the case. Lastly, I have my son everyother week and the mother just moved in with new boyfriend whereas she hiding my sons location under domestic violence order. WHAT CAN I DO when the court seems to continue this DV
case diminishing my case and placing me in harms way for another false claim as she did twice before within 3 months with two cases being dismissed 1-was criminal.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Are you a USA based attorney??????
Expert:  Michael J, Esq. replied 1 year ago.
Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
1. North Carolina doesn't have a speedy trial statute on the books. However, defendants there obviously still have a Sixth Amendment claim for a speedy trial, but that doesn't usually kick in until a year after the case has begun. If it hasn't been that long, you may not have an argument there.
2. No, courts usually won't move forward without opposing counsel. Although I agree 3 times is pushing it, family Judges will usually continue rather than dismissing something. At the next setting, however, it should be taken care of and the Judge should entertain a motion to dismiss (on the charges against you).
3. Unfortunately, you'll have to take care of the domestic violence issue before the issue with the location of your son can be resolved.
I hope this helps!
If you valued my time, I'd love a positive review. I'll be happy to follow up until you're completely satisfied.
Michael
Customer: replied 8 months ago.
Also, I had a defense attorney whom told court he could not attend the 12/10/15 Findings hearing and requested new date. Under high protest by me the court entered the DVPO order without my defense counsel present in violation and extended it to 2016 given the time of ex-parte 12/31/14 to final DVPO order 12/10/15. Isn't this grounds for dismissal violation rights and recusal done maliciously willful? The court then entered criminal charges for violation due to phone call as they did in charges that was dismissed earlier=Double Jeopardy?. North Carolina: I need case law for 1. ex parte domestic order filed 12/31/14 2. Trial held August 12, 2015 3. faxed extension of ex parte Oct 2, 2015 never communicated kept secret between opposing counsel and Judge. 4. Final Order guilty entered 12/10/15 in favor of DVPO to expire "12/10/2016"Legal issue that an order cannot be granted for 2 years being initial ex parte order entered 12/31/2014. I can't find the NC appeals court case(s) ruling such life of order cannot be beyond 1 year, and where the Plaintiff can apply for extension of protective order; however no order is valid beyond one-year since inception of ex-parte order? What NC Appeals case(s) law is there?

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