Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

North Carolina Greene County: Case 1: domestic violence

Customer Question
continued to benefit Plaintiff 3...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 2 years ago
Are you a USA based attorney??????
Answered in 17 minutes by:
6/5/2015
Family Lawyer: Michael J, Esq., Lawyer replied 2 years ago
Michael J, Esq.
Category: Family Law
Satisfied Customers: 3,472
Experience: Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
Verified
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
Ask Your Own Family Law Question
Customer reply replied 1 year 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?
Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3,472
3,472 Satisfied Customers
Experience: Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.

Michael J, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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:

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a question about my case on Domestic Violence. I am
Hi Pearl, my name is***** have a question about my case on Domestic Violence. I am the plaintiff my wife is the defendant. what will I prepare during the Trial? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
My Daughter's fiancé was arrested for domestic violence that
My Daughter's fiancé was arrested for domestic violence that we are certain did not happen. She did not bring charges against him. She had no bruises. Along with a jail sentence (30 days), the judge i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I had my husband arrest yesterday for domestic violence, and
I had my husband arrest yesterday for domestic violence, and he will be going to court friday on those charges. Am I allowed to ask the judge I'll drop the charges if my husband goes into treatment pr… read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
My husband was charged with domestic violence and felonious
My husband was charged with domestic violence and felonious assault. I stood up for him for the judge to drop the protection order and he did..... … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Can a domestic violence judgemant be overturned with
can a domestic violence judgemant be overturned with evidence that conterdicts everything presented at trial … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I suffer from a disability due to domestic violence. I have
I suffer from a disability due to domestic violence. I have been separated from my husband for 6 years but did not file against him because he told me he would lose his job. 6 months prior to filing f… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Back in '08 i was a victim of domestic violence. My wife was
Back in '08 i was a victim of domestic violence. My wife was arrested for it. She ended up doing prison time for two assults with a deadly weapon against a neighbor. Early '06 she got out and like an … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
414 satisfied customers
My daughter is going to court for domestic violence and her
My daughter is going to court for domestic violence and her ex is free to continue visitation. He claimed he can't support his daughter because he can't work due to his mental issues. He has an anger … read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
Can i file domestic violence charges against a person who
can i file domestic violence charges against a person who hit me and who i am not married to or do not live with? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
A judge issued a Domestic Violence restraining order
A judge issued a Domestic Violence restraining order prohibiting me from seeing my children. He did so for no reason whatsoever, did not allow a hearing, and such order was not requested by anyone. Th… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I filed a domestic violence restraining order that was
Hello. I filed a domestic violence restraining order that was temporarily approved. However when it came to court, the respondant brought an attorney where I did not bring mine even though I had one o… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I was granted a domestic violence temporary restraining
I was granted a domestic violence temporary restraining order and The restraining order was from one assault alone. Also keep in mind another assault was not included in original request. I did not sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
I have been going through a domestic violence divorce for 4
I have been going through a domestic violence divorce for 4 years. I am bifurcated, however, the Maritial Seperation Agreement … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,188 satisfied customers
Individual took guilty plea for domestic violence. Court
Individual took guilty plea for domestic violence. Court order 2 year no contact and anger management. The person being protected constantly calling and texting. Blackmailing to go to parole officer a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I'm a domestic violence/ assault victim/survivor proceeding
Hello, I'm a domestic violence/sexual assault victim/survivor proceeding to petition for a complete identity change. The complete identity change will include a new name and a replacement birth certif… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
FOR A LAWYER FOR DOMESTIC VIOLENCE. IN FARGO N.D. THE CASE
MY NAME IS IRENE ************* I AM LOOKING FOR A LAWYER FOR DOMESTIC VIOLENCE … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I'm a victim of domestic violence. My common law spouse.
Hello. I'm a victim of domestic violence. My common law spouse. Unfortunately I just learned my divorce was never recorded. So my current spouse. My only spouse... is trying to have me evicted.… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I'm a domestic violence victim and have three minor
I'm a domestic violence victim and have three minor children. myself and the kids are protected by a TRO from my husband and their father. He has limited unsupervised visitation for four days a week f… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x