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  1. #1
    Join Date
    Apr 2011
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    Default Summoned for Domestic Violence

    My question involves criminal law for the state of: NC
    Alright ill explain the situation recently my ex and i had a baby. About 2 weeks ago to be exact. Her parents refuse to let my family and myself see the child she is a minor. My question is this though i was summoned papers to appear before court for domestic violence the things she put in the report was a total lie.. i was not charged though. Can i be charged in court or is the hearing just to est. guidelines. need help fast thank you.

  2. #2

    Default Re: Summoned for Domestic Violence

    Quote Quoting avery121
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    My question involves criminal law for the state of: NC
    Alright ill explain the situation recently my ex and i had a baby. About 2 weeks ago to be exact. Her parents refuse to let my family and myself see the child she is a minor.
    If you weren't married to the mother, then you have no legal right to see the child until you establish visitation through the courts. Even with that order, you'd only gain access to the child, but not the mother if she is still a minor.

    My question is this though i was summoned papers to appear before court for domestic violence the things she put in the report was a total lie.. i was not charged though. Can i be charged in court or is the hearing just to est. guidelines. need help fast thank you.
    Have you been summoned to criminal court for a domestic violence charge, or civil court for paternity/visitation? They are two totally separate things and would be heard by two totally different courts. Exactly what does your summons say? If it relates to a domestic violence charge, then the first appearance is where arraignment occurs and you are formally charged.

  3. #3
    Join Date
    Apr 2011
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    3

    Default Re: Summoned for Domestic Violence

    the summons is a ex parte civil summons for domestic violence. According to the sheriffs dept. no charges were filed. It is just a protection order but i didnt know once i got in my hearing if the judge would charge me with anything.

  4. #4

    Default Re: Summoned for Domestic Violence

    Ok - so that sounds like a civil protection order case, where the victim is asking the court to impose a civil restraining order on you. No, judges don't bring criminal charges. If there were going to be criminal charges, the state would be bringing a criminal case agaisnt you. So no criminal charges, and this court won't address any of the visitation issues, since as of right now, there is no visitation order to address or modify. If you want to get a visitation order in place, you'll need to petition for visitation in your local family court.

  5. #5
    Join Date
    Apr 2011
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    3

    Default Re: Summoned for Domestic Violence

    The county cops came to my home when i was served the papers and said i couldnt be around guns or anything. They didnt take them though. Just said to lay low and not communicate with anyone of them. I mean alot of the stuff that she put in the summons papers was complete BS like saying i held her hostage and that i had a gun with intent to harm her. I mean my understanding is that its basically just a standard restraining order process. However will this prevent me from ever owning a firearm. Like i said none of what she said was true. But i am a competition skeet shooter and i need my guns for that reason. Not to harm anyone purely for sport reasons. Will it show on my permanent record?

  6. #6

    Default Re: Summoned for Domestic Violence

    Quote Quoting avery121
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    The county cops came to my home when i was served the papers and said i couldnt be around guns or anything. They didnt take them though. Just said to lay low and not communicate with anyone of them. I mean alot of the stuff that she put in the summons papers was complete BS like saying i held her hostage and that i had a gun with intent to harm her.
    Even if she hadn't, EVERY restraining order in the country, given in a case that could be classified as domestic violence (ie you dated her, lived with her, or have a child with her) includes a clause that the restrained person cannot be around firearms.


    I mean my understanding is that its basically just a standard restraining order process. However will this prevent me from ever owning a firearm.
    Not necessarily. Right now, you've got a temporary order in place. They are put in place until the court gets to hear your side of the story. At that point the judge can lift it, or keep it in place. If it's kept in place, it should be for a very specific period of time (ie 2 years etc), at which point it would expire unless renewed. Unless you are eventually charged by law enforcement with a crime, the firearms restriction would cease to exist when the order expires. If there's a criminal conviction on a domestic violence charge, THAT is when you start running into problems with lifetime bans on firearm possession.

    Like i said none of what she said was true. But i am a competition skeet shooter and i need my guns for that reason.
    That's not going to impact the court, and you need to be VERY careful about being around firearms until after your court date about the restraining order. If you happen to be found with a firearm in your home or in your possession, you'll not only face criminal charges then, AND give the court reason to extend the restraining order to perminant status, but you'll also be faced with law enforcement showing up and TAKING the guns (which typically get destroyed).

    Not to harm anyone purely for sport reasons. Will it show on my permanent record?
    A civil restraining order doesn't appear on a criminal history, if that's what you're asking. Not unless that order gets violated and generates an arrest. It will appear in court related records, and will be visible to law enforcement.

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