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  1. #1
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    Default What Proof is Required for a Domestic Violence Case, Filed Late

    My question involves criminal law for the state of: North Carolina

    My mother has been in a highly volatile, abusive relationship in which her husband has hit her, threatened to kill her (multiple times), torn clothing from off her body, and even held her down and strangled her to which his response was "at least I stopped". She finally left him, but I'm curious about the statute of limitations on these acts and what is required for the burden of proof. Also, I know NC is a 50/50 state as far as divorce settlements, but would the State make an exception and grant her a larger percentage because of his criminal behavior? (She also came into the marriage with about 65% of the money compared to his 45% contribution).

    Thanks so much everyone!

  2. #2
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    Default Re: What Proof is Required for a Domestic Violence Case, Filed Late

    Quote Quoting aallisonr
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    My question involves criminal law for the state of: North Carolina

    My mother has been in a highly volatile, abusive relationship in which her husband has hit her, threatened to kill her (multiple times), torn clothing from off her body, and even held her down and strangled her to which his response was "at least I stopped".
    What did Mom do?


    She finally left him, but I'm curious about the statute of limitations on these acts and what is required for the burden of proof. Also, I know NC is a 50/50 state as far as divorce settlements, but would the State make an exception and grant her a larger percentage because of his criminal behavior? (She also came into the marriage with about 65% of the money compared to his 45% contribution).

    Thanks so much everyone!
    North Carolina actually uses "equitable distribution" to divide assets. They can award a 50/50 split, but the court is allowed to split things depending on what seems "fair".

    Marital fault is not a factor though.

    This is from an online source, but it's very easy to read and it's accurate: http://www.ncfamilylaw.com/download/ednc12s.html

    From the source above:


    The Smith rule means that such behavior as adultery, domestic violence, abandonment, and alcohol and drug abuse is irrelevant to a determination of an equitable division of marital property. Even if a spouse admits to having engaged in all these behaviors,
    And this is the statute: http://www.ncga.state.nc.us/EnactedL.../GS_50-20.html

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