Thank you again. Interesting. My stbx just filed a motion to renew the DVPO against me. The motion is a lie and there will be no proof on his end. The Judge was already frustrated with us. I am sure this will help my case. The Judge is going to be frustrated more seeing us in court again and wasting time. This is an opportunity for me to show my character is fit and proper and this is another manipulation my stbx is using to barrier our child from me. What can you suggest I have ready to present in addition to proving all the false allegations against me? Thank you.
For a motion to renew a DVPO, the other party only has to show “good cause” for the DVPO to be renewed. And it can be renewed for up to 2 additional years.
So you will want to counter any of his evidence that he tenders as being “good cause” for renewal. Typically this will be any evidence that he is not scared of you, that he has contacted you despite the DVPO in place (if applicable), that any custody exchanges have gone well (if applicable), and evidence on your custody trial (to show that his underlying motivation for this motion to renew the DVPO is more about the custody case and “winning” against you rather than a true fear of you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you Anna!
My stbx emails me alot with hat I should and shouldn’t do as a mother, demerits and insults my character and story tells lies. These emails follow when he feels he has lost control over me. Can this be used as harassment or any form of discrimination ?
Thank you.
These emails might be able to show harassment if it rises to such a level that it inflicts substantial emotional distress on you. But these emails will be better used to show that he has no legitimate purpose in emailing you and he is not afraid of you or threatened by you such that he needs a domestic violence protective order against you renewed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Happy to announce the DVPO was not renewed. My stbx had no grounds. Do you think this will be to my favor when we get into permanent custody hearing?
My stbx opened my postal mail and approved 6 credit cards under my name without my knowing, forged 18 of my checks. Detective bureau said this is civil not criminal since we were married. Can you advise the legal proceedings I can consider to file a lawsuit?
Thank you
You will need to see a civil litigation attorney about your rights to recover and remedy what your spouse has done. You will also want to bring up this evidence in an equitable distribution hearing as well as the custody hearing to show his character.
Yes, having the DVPO renewal motion denied will help you in your custody case.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you in advance.
If I file for divorce and equitable distribution without legal cousel and receive a file # can I still use an attorney for this court hearing?
Yes, you can hire an attorney at any time.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you.
If I can get my stbx to gree to a custody arrangement before permanent custody hearing, can our attorneys file this and put this in place?
Yes, you can enter into a consent order at any time before a trial or even the day of a trial/hearing court date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you very much. Can you advise where I find the exact documents for divorce and equitable distribution for self representation for Union County?
Much appreciated
There are no preprinted forms to use for divorce and equitable distribution.
Take a look at our Sample Court Complaint to use as a guide to draft your own.
Or, through our Rosen Online Service, you can get access to a library of legal forms and communicate with an attorney. This service only costs $199/month, and would be a great resource for you to handle your separation and divorce issues without spending thousands of dollars retaining an attorney.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you.
Can I add child custody in my documents if we are in a temporary custody order?
How long after I file for divorce will we get our hearing date?
Thank you.
If you have a temporary custody order then at least one party has already filed a claim for child custody. If you have not, and the time has passed to file an answer and counterclaims to the complaint (assuming you are the defendant), then you can file a motion in the cause for child custody.
A divorce typically takes 2-3 months from the time it is filed to the time there is a court date in front of the judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you in advance.
Where can I get a copy of the transcripts from my previous hearings?
Where can I find and understand the Family Law Rules and Statues? Can you provide me the titles of the Law books used in Family Law School for the North Carolina, Union County?
Thank you.
You cannot get a transcript from previous court hearings but you can request the audio recordings of the court hearing. There is a form to fill out at the clerk’s office. You will need to know the date of the hearing, the courtroom the hearing was in, and the judge that day.
Family law statutes are in Chapter 50 of the North Carolina General Statutes.
Textbooks in law school are a compilation of case studies and court opinions and vary from school to school and professor to professor.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you in advance. I transcribed the Judges ruling from our temporary custody hearing. Which part of Chapter 50 Laws do you suggest I understand in order to litigate not only the Judges ruling was based off the false information (hearsay) he was reading but to support my evidence showing the False allegations against me had nothing to do with the minor child?
I need laws to support the instability of the accusers psychology, his lies, to emphasize his questionable mental state, lack the demands to parenting, drug addictions and bring lite to the identity theft my ex committed in addition to keeping the minor child from me for 5 months without a custody order in place.
I know this is a lot to ask, I am grateful. Thank you.
Keep in mind you only have 30 days from the entry of the written order to file a notice of appeal if you plan on appealing the judge’s order.
To prove that the judge’s decision was based on false information, you would need to produce new evidence that show this was false and which was also not reasonably attainable prior to the trial.
The rest of what you are trying to prove has been based on the judge’s perception of the events and his/her findings of fact due to his/her role as the fact finder in a trial. If you believe the judge has erred in his/her custody decision, then you would need to appeal the decision.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. I am understanding we cannot file a motion or appeal during a temporary custody order. Is this true? We are waiting list for the permanent custody hearing.
Yes, it’s correct that a temporary custody order cannot be appealed because it is not a permanent order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.