DVO violation & criminal record

North Carolina Divorce Law Divorce and Separation Answers
1

Husband is going to court on a violation of the ex parte of Domestic Violation Order. The judge gave the wife the 12 month restraining order and then several days later husband was arrested on violation of ex parte. He was in the hospital at the time of violation (phone call to home), the sheriff’s office never arrested him when they went to court 5 days later when they went to court nor did they when he went to retrieve his personal possessions with the sheriff.

Because husband has a criminal record that is 18-20 years old and has NO history of “domestic violence” (it is all theft/drugs); how and will that come into play when going to court on the violation. I might add that the violation was a phone message just asking for clothes.

This just seems like a vendetta on the wife’s’ part to get him out of her life - there was never a history of violence in there tenure of marriage. We are so afraid that he will go to jail on such a benign incident. . .the punishment does not fit the crime.

thanks

2

Whether or not the criminal record will be allowed in will be up to the judge. Since the record is all older than ten years, and is not violent in nature, it could be excluded from evidence if you object to it. However, again, it is up to the judge about what he will hear. I can never predict what a judge might do in any given case.