My question involves criminal law for the state of: North Carolina
I don't know for sure, but I think my thread got pulled because I posted the same question in the forum for procedure. I didn't see anything in the TOS about that, and I did say upfront that I had posted it there, but for some reason, both threads have been pulled. My apologies for violating whatever rule I did.
Here is my question.
I am in a bitter custody dispute with my ex. He moved out of state and then took my youngest child from me. It was all legal, because neither of us had ever gotten a court order on custody, so now he's got this child with him, a child who had never been away from me before.
I do not have an attorney. He does. His family is wealthy and paying all his bills. My family will not help me. I have got to try to get this playing field leveled.
SO here are my two questions.
1. I have a tape recording of this man abusing both of our children and me. It is not quite two years old. We have a hearing next month about his mental health, and I have made out a motion to have this tape played.
I know that the recording is legal. I've checked all of that with attorneys. What I want to know is if a judge could or would have criminal charges brought against him during this hearing in CIVIL court. It seems to me that a judge is a judge as as well as a law enforcement officer. Is this possible?
2. If I brought this tape to the DA, could they press charges on him.
3. What effect would his being out of state have on any of this as far as law enforcement.
This man has a conviction for assault on me already. He has been using DV and abuse for years and years, but he gets away with things becuase of his family and their money.
I checked my state's statutes. On misdemeanors, it is a two years, unless it is a "malicious misdemeanor." I have looked all over and cannot find a definition for that.
Does anyone know? Does anyone have any idea what could happen to him as far as being prosecuted by this state for what he did almost two years ago?
And one more time, I apologize for posting in two different forums. I will be more careful from here on out.