Change of Venue


#1

My husband is staying with his brother in Mecklenburg county, but our home is in Union County where I live with our son and another son for whom I am sole custodian. A few months ago, my husband assaulted me in our home, the police came and he was taken to jail. I proceeded to get a DVPO, but during the process of continuances on the ex parte order and the criminal case, I felt that the severity of the assault was minor, through frightening, and perhaps we could work on the issues that led up to that conflict together outside the court. So I voluntarily dismissed the charges and advocated the same with the Union County ADA for the criminal case. My husband later attempted to regain possession of his firearm but was denied by the Union County court. In addition, there is an active child support case with the Union County CSEA, filed prior to the dismissal of the criminal/DVPO cases, but until today had been in “locate” status due to clerical error. While the DVPO and criminal case were active, my husband filed a motion for custody, visitation, and equitable distribution in Union County, but that too was voluntarily dismissed. Now my husband has deceptively filed the same motion, verbatim, in Mecklenburg County. I want too know what are the chances that I can get a Change of Venue, considering my husband admits that there has been past litigation in Union County, our property and my son’s school is in Union, witnesses to our relationship and parenting are primarily in Union. My husband wants to avoid Union because of the negative litigation against him in the recent past (I’m talking less than two months ago). It just seems sensible that a change of venue would be probable… Thanks for the advice. BTW, I received the complaint by mail last Saturday. I’m not represented yet, as I’m a dependant spouse with no income, but I’m hoping to at least get the ball rolling myself. What would a motion for a change of venue include? How would the process work? Much thanks!


#2

A change of venue motion would be filed in Mecklenburg asking them to move the case to Union or to dismiss the case based on the pending suit in Union County. Since there is a pending suit for child support, and the child resides in Union County (making it a more appropriate venue for custody), it would make sense that a judge would put all issues (equitable distribution, spousal support, child support and child custody) in the same jurisdiction rather than dividing them up.

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