How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27030
Experience:  Lawyer
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

My 12 year old son and I have been living with boyfriend since

This answer was rated:

My 12 year old son and I have been living with boyfriend since august 2012, he is emotionally a phisycally abusive and i want out, but he says if we leave that he will sue me for damages that he claims my son has done to his rental house and property, my son says he didnt do any of it and the boyfriend has made me ground him and punish him for theses things he says hes done with no proof he has done them, We went to court in jan for a incedent that happened in dec, and to keep the boyfriend out of jail i signed an affidavit for no prosecution, and in it had some things that the boyfriend says my son done, can he use that to sue me?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If you signed a piece of paper agreeing to pay for damages in exchange for him agreeing not to press charges against your son, that unfortunately is enforceable. The exception is if you can prove that he threatened you or your son in order to make you sign it - in that case, it was signed under duress, and you can argue that you did not voluntarily make the agreement. Keep in mind that he can still seek a judgment against your son for causing the damage, if he can prove it, whether you had signed that paper or not.

If he does sue for damages, you can countersue for assault for the abuse, which is an intentional tort. You'd be able to claim medical bills, pain and suffering, and punitive damages. You can also file criminal charges - domestic violence is illegal.

If you are reading this from a computer that your boyfriend has access to, please make sure that you log out fully, do not save your password, and clear the cache before closing your computer. You can always sign in from a safe computer later to review it or ask additional questions, or you can use an "Incognito" session if you have Google Chrome.

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.
Customer: replied 3 years ago.

the papers i signed where not for payment of damages, there have been no paper 4 paymment signed or writen, the papers i signed was for non prosectuion for a incedent that happened that i had taken papers outon him for in dec, he is trying to keep me in this house by any means, he is trying to keep my son from going to visitation with his father, he is trying to get me to send my son to a camp for undisaplind children for phsyicatric evaluation, he has a very very bad temper and no patients at all. When I leave if he does try to sue he would have to prove that my son did any of this things right, he has sentances that he made my son write saying he would tear up things but he wrtote the first one on each and my son just coppied them.

Thank you for clarifying that. If the paper didn't state that you agreed to pay damages, that's different. He needs a legal basis for holding you responsible. Under North Carolina law, a parent is only liable if a child willfully or maliciously damages property - and only up to $2,000. N.C. Gen. Stat., Section § 1-538.1.

He can sue your son for damages caused through carelessness, but you're not responsible. To win the case, he has to establish that it was your son that did the damage through carelessness. If you're talking about ordinary wear and tear, like how carpeting needs to be replaced every few years, that's different. If no one saw your son do it, he says he didn't, and there's no other evidence, then your boyfriend cannot meet the burden of proof.
Customer: replied 3 years ago.

I need to get out of this relationship but i need to know if he can use this against me or not before i leave.



the paper i signed was not for4 payment of damages, there has been nothing writen or signed for paymetn of damages.


Unless he can prove that your son intentionally damaged his property, he has no case against you. You haven't stated anything that suggests that he has that evidence. Even if he did, the most he could sue you for is $2,000, and your life and happiness (and that of your son) are worth more than that.
Customer: replied 3 years ago.

he says my son tried to poison him and one of his dogs, but again there is no proof of that but that was in the papers that i signed, my sons therapist said she doesnt think that he did it either.

What he's doing is extortion, and it's a felony. N.C. Gen. Stat., § 14‑118.4. He has no legal right to threaten or terrorize you so that you do not leave him. If he files a police report against your son, you can sue him for malicious prosecution once the charges are dropped. Filing a false police report is also a crime. There is nothing in the law that supports his behavior.

In the meantime, get out, and get a restraining order to protect yourself and your child.
Customer: replied 3 years ago.

I am so scared, Do you know of any lawyers in Davidson county that would be willing to help me if he tries to go through with his threats? and yes i am working on getting out, my sons therapist said she wouldn't put it past him to try and hurt himself and blame me or my son for it. i am trying to get my ducks in a row and know what i can do before i leave. thank you

It's a scary situation. I'm sorry that you're experiencing this.

We're unfortunately not allowed to recommend specific attorneys. You may want to contact the North Carolina Coalition on Domestic Violence to see if they can refer you to a lawyer or help you.

If you have any evidence that shows the abuse (such as pictures), make sure to take it with you when you go. Use your phone to make a video or take pictures that will show the condition of the house on the day you left, so he can't trash it and then claim you did it. That will help if he tries to drag you to court.
Customer: replied 3 years ago.

I wouldn't tell if you recommended one for i know you cant and i understand, you have been a great help today, i am still scared he has been texting me today about talking to a professional to see what he can do about my son, im not sure if he is talking about his parole officer or if he is talking about a lawyer. his is on probation for the dec incident.

His probation officer may be interested to know that he is threatening you. That's quite possibly a violation of the terms of his probation.

Hopefully, the NCCDV can help. If not, is a good service for finding a lawyer.
Customer: replied 3 years ago.

he wont give me the information to get intouch with his probation officer all i know of her is her name is XXXXX XXXXX he has told her so much stuff about my son and i that she has told him to get us out of the house before something happens. how can i go about getting intouch with her any ideas?

The clerk of the criminal court should have the name of the probation officer, or the DA that prosecuted the case would. The clerk of the court will have the DA's name. You could also call the probation office and tell them that you're looking for an Emily, and go from there.


But get out first, for your own protection. And get a restraining order.

Customer: replied 3 years ago.

thank you so much for your help, alot of answers i feel a little better about it but i am still sacred that when i try to go that he is going to flip out and hurt us. but i am trying to get out when he is not there but hat is hard to do.

I'm glad I could help. Good luck. I really hope it works out for you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27030
Experience: Lawyer
Lucy, Esq. and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Related Legal Questions