I live in NC as well so I knw very well what you are speaking about,and generaly in this state hen one is charged with domestic violence the other is held responsible as well.I to am having some problems and seem to be getting no answers either.Sorry if I can’t be more helpful.
Rebecca
I had one on me by my soon to be ex and my lawyer in NC had it dropped when my state got jurisdiction. He is pretty upset because they dropped it and gave my state jurisdiction. He lives in Davidson County by the way.
No one wins in divorce only the Lawyers do!
Dear sk:
This happens more often than anyone would like to admit. I recently had a client who’s wife, after 30+ years, accused him of domestic violence. They had been separated for over 2 years and she claimed that he called her and threatened her. It was a bunch of bologna, but we still had to defend against it. Luckily for my client, he always recorded all calls with her. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.
My wife…soon to be ex, served a 50-B on me just to get me out of the house. July 3, 2005 she sat on my lap in our computer room telling me she loved me. Everything was wonderful in our marriage, or so I thought. Monday the 4th, she told me she no longer wanted to be married and it was time for me to go. I stated to her “I was going nowhere, whatever the trouble she thought we had, we could work through it.” Well, she left for a few days and stayed w/ her brother, but had me served on the 8th of July with a 50-B. I in no way would ever harm her or even threaten her. But she somehow got the order. So I had to leave. Now, court day comes, and my attorney screws up on the court date. So I had to deal with not only having this against me, but nowhere to call home now.
Then 3 months later she claims I was calling her at work, breaking the 50-B. NOT SO. I had all the proof needed showing I couldn’t have even known her whereabouts. I was far out of town. But again, court date comes, and she drops it. NOW IT’S ON MY RECORD FOREVER! I DID NOTHING! I feel my attorney is primarily at fault for not seeing this end 10 days after me being served. ANY SUGGESTIONS??
history:
1998 i was charged with domestic violence because i called the cops after being basically chased out of the house with a steak knife by the ex-wife. (wife at time). I “nudged” her out of the way when she wouldn’t let me leave the house, she started to scream at me, I grabbed the phone, she grabbed the knife, the rest is history. I didn’t tell them about the knife because I didn’t weant them to jail her, they jailed me instead for 1 night and I ended up paying 2,000 in legal fees and dose classes, none of which was necessary…
fast forward to now, after we split (seperated) i started dating, she found out, went ballistic and continually called me on phone, harassing, vulgarities, all recorded on vmails. I couldn’t take it anymore, filed a 50-b, got it but the day after she was served, she falsely accused me of stalking and the BFE magistrate in her county believed her, and I was arrested a week later in my county. The charges were dismissed by the da the DAY before I turned myself in. I was released on bail even though the charges were dismised the day BEFORE!!! I lost $450 for the bail becaude i had a prior, though it was dimissed after my classes in 98. I was stripped, searched, housed with robbers, rapists, murderes for 3 hours. I didn’t see my kids for 2 months out of fear of her. The system will not protect men. Finally, after spending a few thousand dollars and saw my kids and i thought all was ok, since she still had the 50-b against her. In april she violated again, by calling, threatening me. I let the magistrate hear the recordings. he said to have her arrested, i said, no because she has primary custody. she was served a criminal summons, appeared and was continued deferred until she finishes a safe child class, and anger mgmt assesment. Getting her status is impossible, i don’t know if she’s taking classes or not, nobody will tel me. Recently, yesterday, she violated again, and I filed with the magistrate a criminal summons. He treated me like a piece of dirt and didn’t act like he really cared. She is psycho and vindictive. I fear once she gets served again, she will conjur something else up again. Look for the initials b and z in the news. Next time this happens to me, I am going on a hunger strike in the jail. The system is so lopsided against men. Women have it easy in court. All they have to do is boo hoo and the court believes them. Men, even with evidence get screwed, most of the calls she left me were thrown out on a technicality, that technicality being the fact that she called me on a cell phone in different counties on her way back from meeting for kid swap. Geez. If it was reveresed I would be in jail now…
It’s not fair and things have to chnge. She even tried running me and my kids off of the road two weeks ago, my oldest even saw and mentioned it tome before i said a word about it…
good luck… you will need that, plus evidence. record everything. write down everything…
I have noticed there is no mention on this web site on being falsely accused of domestic violence. I would like to see something on this.I would also like to see if this has happened to anyone else since I am sure it goes on alot but gets stuck under the rug so to speak due to the fact that the law is so biased towards a man.All though this happened to me several times I did get it dealt with after 9 months of court and getting it thrown out.But i was humilated not to mention very angry.In north carolina all a women has to do is say yes he abused me get a warrent and they come and get you,no questions asked and next thing you know you find yourself in jail.