Motions in Limine


#1

You could file a motion in limine but you may be giving this issue more importance than it appears to need by bringing it up on multiple occasions. If this is not an issue any many professionals have said this is not an issue. It may be more helpful for you to refute the allegation than to try to stop it from being brought up. I cannot properly advise you regarding this issue without reviewing all the facts of your case.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

My ex has recently been accused of injuring my daughter when they were in his custody. Child Protective Services was notified. He has a history of domestic abuse with me (and in front of the minors). This allegedly took place while they were in his custody before he voluntarily returned them to me. Because he lives in a another state, Meck. County had to get an “assist” to go interview him. As I assumed, he denied the charge although he admitted it to me. But, in retaliation, he made a claim that I am a prescription drug abuser. I am, in fact, a chronic pain patient in a ligitimate program for which I have been followed for 10-12 years. I am well documented, take all the proper tests (blood, urine, etc.), follow the contract rules, have pharmacy and pill counts, etc. Same meds all these years. Everything is above board. My doctors are going to write letters to this effect. I have even been evaluated by psychiatry who says he does not feel this is an issue. Child Protective Services is settled with this.

Here is my question: Can I file a Motion in Limine that this evidence not even be presented as I feel it would be prejudicial. Or, at least, could I object to this being prejudicial or is there some other appropriate “objection” I could present at trial. Obviously, I am “pro se”. He has even told the children that I have this “problem” and shared it with his family as well.

Help!