Alleged Assault on Child

If you have a court appointed criminal attorney I would advise you to consult with him or her. Based on what you put in your post, I believe the terms of you relief prohibit you from having any contact with your children that is not supervised.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.

I am a single father of two (2) kids. I currently have custody at this time of year. However, recently, my 11-year old son through a tantrum and had to be punished for hitting me in the face. Therefore, he received a spanking with the belt. There was no skin to belt contact so any injury would have been only minor and temporary. My ex-wife was advised of this and called the police who came within about 15 minutes. I was arrested for assault on a child less than 12 years old. I am now out of jail on bond waiting for my trial date. Can I still have custody of the kids since it is legally my time per our Court Order? My current Release Order states that my release is authorized upon execution of the secured bond. Also, the magistrate wrote in "or pretrial release contract, which lists 2 stipulations 1) Not to threaten, assault, or harm in any manner the alleged victim, and 2) Not to be in the presence of a minor without adult supervision. Under my circumstances, do these stipulations apply to me or not apply since the bond amount is paid? I hope that I still can have custody (without supervision) at the present time due to our Court Order. Please advise. Thanks.