Why couldn’t you charge her with stalking if you are separated? A “No Contact Order” is essentially a restraining order for stalking, harassment, abusing/injuring, contacting you by telephone, written communication or electronic means. It would also mean that she could not come into or remain in residence or place of employment when you are present.
What I have found is a G.S.50C-7 which is the form for “No-Contact Order for Stalking or Nonconsenual Sexual Conduct”.
In this situation the best advice that I can give is to disclose everything you are willing to with your direct supervisor so there are no surprises. Document everything. Inform her, in writing, that you are intending to take legal action if the harassment does not stop. Contact the police EVERY time she shows up somewhere that you are, regardless of whether or not you think there will be a scene. Document everything! Then after a reasonable amount of time, file the complaint for stalking or harassment.
I printed out the form G.S. 50C-2 “complaint for no-contact order” and it stated that I was not to use that form if the defendant is a current or former spouse. Is there a different form that I need to use? My boss and friends are very understanding of the situation but it has gone way too far. Unfortunately my attorney that I used for the seperation is useless and I have since found out by everyone that knows him that he has a reputation for being that way. Is there a way to get what is owed to me other than a law suit? And what effect will the final divorce have on the money she owes me?
You are right. In looking closer at this try printing out form #G.S.50B-1. On www.nccourts.org this is searched under CV-303. This is for domestic violence, but there are a lot of issues like harassment covered on it.
Unfortunately the only way to get this is to file for Equitable distribution and let the courts decide, if there can be no agreement. If you do not file for ED prior to absolute divorce being granted then you waive your rights to this.
I suggest either getting another attorney or do some research on “Do-it-yourself” divorce kits…
My husband used an attorney to write up his separation but then used a different one when it came to going to court for custody and ED. Reread your separation agreement to make sure that this stuff about the deed and money is not already covered. If it is then the agreement will hold up in court…
The money she owes me is clearly spelled out in the SA. She was to pay a debt that was in my name but then refused to do so and I had to pay it off in full to save my credit. But I have since learned the hard way after loosing much of my tools and belongings as well as money that the SA is only as good as the paper that is is written on unless it is taken back to court. The court case would cost me about as much as is owed. I have agreed to sign the house over to her but only after the money issue is taken care of.
If your agreement spells out this arrangement then stick to your guns. She can not sell the house or do anything with it until you sign the papers so don’t sign. Her reasoning behind the harassment will not make any difference to the court and if she attempts to use that it may backfire on her with the judge since she failed to comply with the agreement…
I believe you can have a civil no-contact order. Thats what me and my STBE have in place right now. He is not allowed to contact me at work, home, etc…
A spouse can be charged with stalking, I am not sure if her behavior meets the legal definition of stalking. You can contact your local police department and explain the situation, they may be willing to speak with her about her conduct.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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I have been seperated for eight months now. I have mostly gotten things settled. She still owes me several thousand dollars and I have refused to sign the quit claim deeds to the house until I am paid what I am due. She has tried every form of harassment known to man including calling my parents and contacting my boss at work with wild accusations and threats trying to get me fired several times. I understand you can not charge a spouse with stalking. What else will work? I have to get some peace.