It sounds like the judge decided that if someone files charges and then does not show up to defend those charges, then the person making those charges must have made false allegations. 90% of Domestic Violence accusations by women are false and the judges know this. It’s unfortunate for that 10% who really need protection that there are women out there who abuse the laws just so they can get a leg up in divorce courts. And, it is even more disturbing that lawyers promote such activity. VAWA and Domestic Violence laws are destroying our country. There were already assault and battery laws to handle these situations but, these laws were not enforced. Just like immigration laws are not enforced. The answer is not to create more laws but to enforce those that already exist. But, if Domestic Violence laws were done away with, then lawyers would not have the gravy train they have now with their DV Silver Bullets. But, to answer your question, The courts threw out the criminal charges. Now comes the civil side of the charges. don’t worry though. The system is rigged for you. You have nothing to worry about.
I do know where you’re coming from. Seen/heard of many women using false charges of DV and getting away with it to their advantage.
There are infinite ways that the “system” is far from being just, as the politic machine/lawyers: it’s all about money/greed/power.
I just want a man who threatened ongoingly (one attempt to kill) who also as a career criminal (husband) took me (stole,forged,conned, you name it) for everything I had leaving me destitute to not be able to walk on my property, into my work, come near me.
Unfortunately all of many that witnessed the one incidence I named in the charge are unwilling to come forward and tell the truth. To subpoena would be a wasted effort. I am the yankee and he is the home-grown good ole southern boy despite his 15 pg record. In this small rural southern town, this good ole boy system is aiding and abetting a repeat felon to finish me off.
Our so-called american justice system is very sadly far removed from what is was created to be.
A person can be charged criminally for an assault on their spouse, or any other person for that matter. Even though you can seek a civil protective order, it does not mean the state is precluded from bringing criminal charges as well. The civil and criminal cases are completely separate. You are correct in your distinction, the criminal one deals with whether or not your spouse violated the law. The civil ones determines whether or not the civil order should remain in effect.
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
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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I missed the criminal domestic violence hearing - I being the one who brought charges against my husband - so upon attending the follow up hearing for showing cause why I did not make the hearing…the case was dismissed.
YET day after tomorrow I am to attend in civil court…domestic violence hearing which is from the same charge, incident.
Confused??? as why there is handled in civil court as well. Maybe the criminal one was for whether charging husband with a crime and the other is for whether to keep the restraining order in effect or not.
my daughter that witnessed this is in Ohio. Can a faxed notorized statement from her be useful in this hearing?
If anyone knows would appreciate