My children and I are in an emergency situation

North Carolina Divorce Law Divorce and Separation Answers
1

Dear itztuf4me:

Greetings. I will work on this more tomorrow, but let me say this for now. If you need immediate assistance, contact your local Sheriff’s department, stay at a relatives home, or visit interact which is a shelter for domestic violence victims. More to come…

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.

2

Janet L. Fritts,
You had said that you would work on this more tomorrow,
Did you forget about me ?? [:(]

3

I did not forget, but what a long situation. Only this once will I answer anything this long (SO LISTEN UP ALL THE REST OF YOU!)

A. If you husband violated an order, you need to file a Motion to Show Cause. If the judge did not contain the findings in the order which you believe she/he meant to, you may be able to ask for a new trial or to amend the order.

B. I suggest that you file for child support with North Carolina Centralized Collections. A restraining order can only last for one year, although you can request a continuance of the order prior to the expiration of the year.

C. I cannot answer this issue. If the children were under subpoena, you did not comply with the court’s authority and direction.

D. No question I could discern

E. Never use custody as leverage for anything, even child support. Allow him the visitation the court allows. I did not see a question in this section either.

F. Domestic violence court cannot handle the final issues of child custody and equitable distribution. I recommend that you file/follow through on the claims for each. If he is late, ask the court to compel him and sanction him - including the request for attorney fees. You are obviously concerned about your children’s safety and well-being and taking this action seems to be what you need to do.

G. I will not advise you on how to prepare your case, but I will tell you that you need to push forward on dividing the marital property finally. If you started in Durham county, finish there or have a change of venue. Go see the child support enforcement agency. Tape record all calls with your husband. Start to move on from this situation, which seems to be trapping you because you are not pushing it to an end (maybe because of cost).

As always, I believe that you need an attorney to assist you. Let us know if we can assist you. 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.

4

Thanks Janet for your time and answers, I promise not to
ever post anything again that is this long,… sorry [:(]

5

Dear itztuf4me:

I understand why you posted and I hope that your situation has improved. Unfortunately it sounded to me like you had no where else to go but up! Best of luck and keep us updated.

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.

6

I wish to seek advice on the following complex issues:

(A.) I sought and received a preliminary injunction and two parties to it, made errors.

First: the bank that held accounts: both marital and those that were marital; before, our separation due to ongoing domestic violence; failed, to freeze the accounts … and, my husband dissipated all the remaining marital assets it had contained. Through, crack cocaine use, alcoholism, legal defense fees for felony charges, and for professional charges related to our divorce proceedings.

The second error occurred in the findings of fact made by our divorce judge. She misinterpreted my testimony, and evidence of no spending of marital assets on my part.

Despite admissions made by my husband, that he had spent marital funds (consisting of more than twenty thousand dollars) after our separation: The Judge issued an order freezing my 401-k assets, as well…
She commented on the schedule and discovery order, saying, one of us had to do it.

My husband told me, later, that he never followed through with the judges