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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111506
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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North Carolina Greene County: Case 1: domestic violence continued

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 both the 1st domestic violence, 1 was criminal violation domestic order and dismissed and now this domestic violence pending. Again, where she lied with me calling her. Found she called 4 times while I was under court no contact order.
I need Motion HELP correct????!!!!!
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The domestic violence case, is this a criminal case? So it was the prosecutor who did not show up the last time leading to the new 8 week continuance?
Since your attorney quit, have you sought new counsel to represent you, such as calling the state bar and asking for the pro bono attorneys in your area?
Customer: replied 1 year ago.
You are not answering my specific questions posed for USA court North Carolina.
Your question are not important to me.
Customer: replied 1 year ago.
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.
Customer: replied 1 year ago.
A motion to dismiss failure to provide speedy trial since opposing counsel is a non show?
Sanctions for opposing counsel hour late from another court?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply, but pasting the same information over again did not answer my question at all.
You cannot file for a speedy trial unless the domestic violence case is a criminal case, that is why I asked you is the DV case criminal or a civil case and for you to tell me different information about what is happening and not just copy and paste what you already told me. Thank you.
Customer: replied 1 year ago.
I indicated that the current DV is not criminal but civil. The thought is that my DV is being purposely delayed damaging my custody case making me vulnerable to another false DV claim by her as it already has.
Customer: replied 1 year ago.
I also added that she was found to have lied in that she called me.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply, you might have thought you indicated it was civil and not criminal, but you did not until just your last reply and it may have been an oversight on your part.
Unfortunately, as I stated above, you have no right to a "speedy trial," which comes from the 6th Amendment of the US Constitution, for any matter that is not a criminal prosecution.
Thus, the civil court/family court has no legal obligation for providing you a speedy trial. Continuances are discretionary to the court and for good cause in these matters. You have a right to file a motion to object each time the court orders a continuance, but legally there is not a right to make them hear your case sooner.
If she is manipulating the system, then in your trial when it is held, you would be able to present evidence of that. If you prove she is lying about the domestic violence, then once the court finds in your favor you can actually ask the court for sanctions and could even file a separate suit against her for malicious prosecution, but that is not until the case is over and done with.
The court was right in continuing the case, because the DV case could have an impact on the other family case as well.

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