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

august 2012, he is emotionally...
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?
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Answered in 7 minutes by:
3/27/2013
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30,589
Experience: Attorney
Verified
Hi,

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.
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Customer reply replied 4 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.
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Customer reply replied 4 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.
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Customer reply replied 4 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.
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Customer reply replied 4 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.
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Customer reply replied 4 years ago

I wouldn't tell if you recommended one for me..lol 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, www.martindale.com is a good service for finding a lawyer.
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Customer reply replied 4 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.

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Customer reply replied 4 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.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30,589
Experience: Attorney
Verified
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