Permanent Restraining Order Criteria

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Summary

Under North Carolina law, you may be granted a permanent restraining order if theres evidence of domestic violence, the respondent poses a continuous threat, or has violated a temporary restraining order. Evidence can include police reports, medical records, and witness testimony. If CPS finds abuse allegations unsubstantiated, you can still file for a protective order and present your childs statements and other evidence in court. Jurisdiction may be complex if theres a pending case in another state. Consult a family law attorney for tailored advice.

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what is evidence of each
Under North Carolina law, evidence for each would be:
*. Domestic violence: Police reports, medical records, photos of injuries, text messages, emails.
*. Continuous threat: Threatening messages, testimony from witnesses, stalking behavior.
*. Violation of temporary restraining order: Police reports, witness testimony, surveillance footage, or other proof of contact.
If child is saying father abused her how can I protect her if CPS says it’s unsubstantiated?
If CPS finds the allegations unsubstantiated, you still have legal options. Under North Carolina law, you can:
*. Consult with a family law attorney
*. File for a custody modification in court
*. Present evidence of abuse during the custody hearing
Remember, courts prioritize the child's best interest.
What if I am asking for no visitation
In North Carolina, if you're seeking no visitation for the other parent, you'll need to prove it's in the child's best interest. Evidence of abuse, neglect, or danger to the child can support your case. Court's discretion will play a role. Consult a family law attorney for personalized advice.
If the child is saying it is that evidence?
In North Carolina, a child's statement can be considered evidence. However, courts evaluate its credibility. Corroborating evidence, such as therapy records or a child's consistent behavior, can strengthen such claims. Always consult an attorney for detailed advice.
What in Cuyahoga county
In Cuyahoga County, Ohio, similar rules apply. You can apply for a Civil Protection Order (CPO) for yourself and your child based on:
*. Evidence of domestic violence or threats
*. The accused posing a continued threat
*. The accused violating a temporary restraining order
Your child's statement can also be considered as evidence. Please consult a legal professional for tailored advice.
What if all parties live in Mecklenburg county but there is a pending case in Ohio due to the father
If all parties live in Mecklenburg County, NC, but there's a pending case in Ohio, jurisdiction may be complicated. Typically, the state where the child has lived for the past six months has jurisdiction. However, if there's ongoing litigation in Ohio, it may retain jurisdiction. Consult a lawyer for specific guidance.
So where would I file for protection order for my daughter?
In your case, you should file for a protection order in Mecklenburg County, NC, where you and your daughter reside. However, due to the ongoing case in Ohio, it's advisable to consult with a lawyer to ensure correct jurisdiction.
What if I am not being threatened but my daughter says she’s been abused but the DSS says it’s not substantiated
In North Carolina, you can still file for a protective order on behalf of your daughter. The court will consider her statements and any other evidence. Consult with a lawyer to understand your best course of action.
Even if DSS says it’s unsubstantiated?
Yes, even if DSS says it's unsubstantiated, you can still present your daughter's statements and any supporting evidence to the court. It's the court's role to weigh the evidence and decide. Consulting a lawyer can guide you through this process.
Will they hear my case although there is a pending case in Ohio?
Yes, your case can still be heard. However, the pending Ohio case may influence jurisdiction and proceedings in North Carolina. Consult with a lawyer for guidance on managing these complexities.
So what do I do
Here are the steps to take:
*. Consult a family law attorney for tailored advice.
*. Collect all evidence of abuse.
*. File for a protective order in Mecklenburg County, NC.
*. Be prepared to present your case in court.
Remember, every case is unique. An attorney can provide the best course of action.
My child is 4 years old
Given your child's age, you may have concerns about her ability to testify or her statements being taken seriously. In North Carolina, a child's testimony can be considered, but its weight varies. Can you share more about your concerns?
What about her interviews from DSS
Interviews with DSS can potentially be used as evidence in court. However, their weight depends on the court's discretion. It's crucial to consult a lawyer for advice tailored to your situation.
What if I am withholding the child from other parent would I still need a protection order?
If you are withholding the child from the other parent, a protection order can provide legal backing to your actions. It's crucial to follow legal avenues to avoid potential allegations of parental kidnapping. Consult a lawyer for personalized advice.
I have custody the other parent has visitation rights
Are you denying the other parent their visitation rights due to concerns for your child's safety? If so, it's best to consult a lawyer and consider seeking a modification of the custody order based on these concerns.
Yes
In that case, consider filing a motion to modify the visitation order, citing the child's safety. You can also apply for a protection order. It's advisable to consult with a lawyer to guide you through this process. Do you need assistance in finding a lawyer in Mecklenburg County, NC?
Father already filed that first and then he filed show cause for me withholding
If the father has already filed for modification and a show cause, it's crucial for you to respond appropriately. Have you consulted with a lawyer to guide you through this response?
What appropriate ways to respond
Here are some appropriate ways to respond:
*. Retain a lawyer if you haven't already.
*. File a response to the show cause and modification requests.
*. Gather and present evidence supporting your reasons for withholding visitation.
*. Attend all court proceedings and follow the advice of your lawyer.
I’m doing this pro se
I understand you're representing yourself. Have you gathered all the necessary evidence and prepared your response to the father's filings? It's essential to present your case clearly and convincingly in court.
No because I was told not to send evidence because we only have a preliminary set
If you're preparing for a preliminary hearing, it's crucial to have all evidence ready. Who advised you not to prepare the evidence?
The clerk at the court says no judgment will be made at the preliminary that it’s just to hear us and then judge will decide if trial is necessary.
While the clerk is right about the preliminary hearing, it's still important to have your evidence ready. It could help the judge decide if a trial is necessary. Have you gathered your evidence?
So when I submit my response, what evidence should I provide?
When submitting your response, provide any evidence that supports your claim of abuse, such as:
*. Your child's statements
*. Any documentation of your child's behavior changes
*. Reports or notes from DSS interviews
*. Any other corroborating evidence.
Ensure to consult a legal professional for personalized advice.
DSS says they need to be subpoenaed for the report
If DSS needs to be subpoenaed for the report, you can seek a court order to get this information. Have you considered speaking with a lawyer to assist with this process?
Do I request this prior to preliminary?
Yes, you can request a subpoena for the DSS report prior to the preliminary hearing. It can provide important evidence for your case. Have you started this process yet?
I did file a motion to consider certain facts and evidence when the father first filed for modification. In that motion I stated the abuse and DSS involvement and that I am asking for No visitation and that I am requesting jurisdiction change
That's a good step. Continue to gather all relevant evidence to support your claims. It's also advisable to consult with a legal professional for guidance on your case.
Now the father has filed motion to show cause. But do I need to respond since I already notified the courts in my motion to consider certain facts and circumstances of what is going on?
Yes, you should respond to the motion to show cause. It's important to address any new issues raised by the father and reiterate your concerns for your child's safety. Always consult with a legal professional for personalized advice.
OK so should I just state my concerns for child’s safety again and ask the judge to subpoena the DSS report? The only thing I have is initial report I signed where the counselor wrote what my child said her dad did…which I can add to my response and I have a letter from DSS advising that the case was open and under investigation.
Yes, reiterate your concerns for your child’s safety. You can request the judge to subpoena the DSS report. Include the initial report and the DSS letter as part of your response. Consult with a legal professional for tailored advice.
Now can I leave out the letter where DSS closed it out unsubstantiated?
You can choose not to include the DSS letter in your response. However, be prepared as the father may present it. It's advisable to consult with a legal professional for personalized advice.
Ok I don’t have it yet they haven’t mailed it but I got a phone call saying they would be mailing it out
Once you receive the letter, it's advisable to consult with a lawyer on how to address it in your case. Are you considering getting legal advice for your situation?
So to be clear, I can ask the magistrate to subpoena the DSS report and the forensic interview report?
Yes, you can request the magistrate to subpoena the DSS and forensic interview reports. However, the decision will ultimately be at the discretion of the magistrate. Always consult a legal professional for personalized advice.
Does it matter that the DSS case is in Mecklenburg County?
The location of the DSS case can matter. If the case is in Mecklenburg County, then the Mecklenburg County court will likely have jurisdiction over DSS records. Always consult a legal professional for personalized advice.
But can I ask the Ohio magistrate to subpoena the records?
Yes, you can request the Ohio magistrate to subpoena the records from Mecklenburg County. However, procedures may vary, and it's subject to the magistrate's discretion. Always consult a legal professional for specific advice.
So would it look bad if I try and get a restraining order at this stage for my daughter?
Applying for a restraining order to protect your daughter won't look bad if you believe her safety is at risk. It shows your concern for her wellbeing. Remember to present any supportive evidence. Always consult a legal professional for personalized advice.
So I can do this now in Mecklenburg County
Yes, you can file for a protective order in Mecklenburg County, where you and your daughter reside. However, due to the ongoing Ohio case, it's advisable to consult with a lawyer to ensure correct jurisdiction.
They would deny it? Because if the pending Ohio case?
It's possible, but not certain, that the ongoing Ohio case could influence proceedings in North Carolina. It's best to consult with a lawyer to understand the potential outcomes before filing for a protective order.
Would it be a permanent or temporary order that I am applying for?
In North Carolina, you would initially apply for a temporary (ex parte) order, which can later be extended to a permanent order after a full hearing. Remember, the specifics can vary, so consult a lawyer for personalized advice.
So if I am granted a temporary restraining order for my daughter, do I then file that with Cuyahoga
Yes, if you're granted a temporary restraining order in Mecklenburg County, you should file it with the Cuyahoga County court, especially if there's an ongoing case there. This ensures all parties are aware of the order's existence. However, always consult a legal professional for personalized advice.
Do I have to tell of them that DSS found abuse unsubstantiated at time of filing for restraining order?
When filing for a restraining order, you are typically expected to disclose all relevant facts. However, legal obligations can vary. Have you consulted with a legal professional about this matter?