Greetings. If untrue, it would be malicious prosecution. Also, I would file a Motion to Show Cause or file your own domestic violence action against her. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Well I have the 50-b against her. She has nothing “Against” me. She called 911 just to get “even”. I feel I do have a malicious prosecution case but what can I gain? Besides a huge attorney bill? She is at the poverty level, since hse keeps on getting public defenders, has both of my kids, and gets the guidelines in child support and i pay off the vehicle she is driving that becomes hers in full in 2 months…
I have tried filing more charges on the 911 calls but the magistrate made the mistake of filing the wrong charge and it was dismissed and the same magistrate will not re-file based on just the 911 calls… So how to make her stop?
I can only answer hypotheticals here - not specifics. Some situations you just have to live through and keep doing the right thing, knowing that sooner or later it will work. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
is calling 911 out of pure spite and falsely accusing the victim who has a 50-b against the 911 caller of doing something against the 911 caller (sideswiping the car) and then following the victim back to the police station where they exchange kids every weekend, after already exchanging the kids) considered harassment and/or a violation of the 50-b?