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  1. #1

    Default Can a Judge in Civil Hearing Bring Criminal Charges for Domestic Violence

    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.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can a Judge in Civil Hearing Bring Criminal Charges for Domestic Violence

    Charges are filed by prosecutors, not judges. A judge may refer a matter to the prosecutor's office, and may order a transcript prepared for review by the prosecutor. If the statute of limitations has run, no charges will result.

  3. #3

    Default Re: Can a Judge in Civil Hearing Bring Criminal Charges for Domestic Violence

    Thanks for clearing that up for me. One of the attorneys I have talked to about this had mentioned that the judge might order a transcript be done to review it. I wasn't exactly sure why, but your reply sheds some light on that.

    As far as what you said about judges, are they not also law enforcement officers? Going by what I have read on that other thread, I don't think it sounds like I could do anything about this myself (in a criminal law context). I get that, yes. But I'm wondering, since this more than likely falls under the definition of "malicious" crime, if a judge can order someone arrested and charged, ie, not filing charges, but referring to other law enforcement for charges.

    I'm just curious. I know that judges can issue bench warrants and if this could possibly fall into one of those scenarios. I do know, from conversations with this judge, that DV is not something she takes lightly. He has a prior conviction, has this very young child in his custody at the time, and is not a stable person. The recording makes that very, very clear. So I am just very curious to know what a judge could or might be inclined to do.

    There's the possibility that this child could be hurt in his care. THat's that the reality of it, and it's why I am introducing it in the first place. If this judge did nothing to get this child out of his care, and this child was hurt, even inadvertently (because people with rage problems are not exactly careful when they lose control and rage), what kind of public outcry could there be?

    I'm only asking in hypothetical terms here. Please understand that. I'm not saying this child WILL be hurt, or the judge would be subject to some kind of uproar, but I am wondering. They are human beings too. Their brains process information the same as regular old folks. I am just curious as to what kind of impression this extremely disturbing incident would leave on a judge. "IF this child is hurt . . . . " See what I mean?

    Re statute of limitations. It will not have run out by that time. In this state it is two years, unless the crime is considered a "malicious misdemeanor" or if it a felony. Whatever the case (if it's not considered a malicious misdemeanor), it will not be two years by the time of that hearing, so falls within the statute of limitations.

    Thank you for taking the time to respond. It's been a really, really tough experience.

  4. #4
    Join Date
    Apr 2009
    Somewhere near Canada

    Default Re: Can a Judge in Civil Hearing Bring Criminal Charges for Domestic Violence

    No, judges are not law enforcement officers.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Feb 2010
    CT & IL

    Default Re: Can a Judge in Civil Hearing Bring Criminal Charges for Domestic Violence

    Correct...remember civics? Legislative-Executive-Judicial branches. Do you think your State Rep. could arrest him, no.

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