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  1. #1
    Join Date
    Apr 2010

    Default Ex Parte Order

    My question involves criminal law for the state of: NC

    My X comes to my residence to pick up our child. we are both in the parking lot. She comes mad from a bad day, starts yelling at me for forgetting my cell phone, I say sorry and walk away, knowing her well enough to know she is about to explode. She tells me to "come back here" (meaning her van) and I proceed to my house to help my daughter gather up her homework so she could go with the now enraged mom. I ignore/avoid the "come back" remark. She gets out of her car, comes to my doorstep, holds the door open with her leg as she continues to berate me. I tell her to close the door, we (daughter and I ) will be there in a second. She says hurry up. My house, my heat bill, its in the upper 30's, I walk over a close the door...not slam, hand on the doorknob the whole time.

    I comfort my daughter who is crying because she is scared, we open the door to leave and there is the X and the 16 year old step daughter blocking our path to the van. Because of bushes and other objects, walking around her is not possible. They are both yelling and screaming at me for closing the door, I ask them to move but they are not hearing anything I say, I use my hands to attempt to divide them so I can leave my house with my daughter behind me and get her to the van. That's the assault. No hitting, pushing, no physically aggressive move on my part. No picture, bruises, no ER visit. DSS investigated and closed the case finding no punches were thrown after interviewing all parties.
    I understand that putting my hands on them constitutes assault but I also know you are allowed to use 'reasonable' force to remove someone from your property. Plus the criminal charge of assault on two females was filed the next day, the domestic ex parte filed 5 days later. Plus I have a witness, next door neighbor who heard the commotion, came outside, saw and heard them yelling at me while he also saw that I was staying calm through it all, which is correct.

    It has been 64 days since the incident and 3 continuances on the civil. The criminal warrant was served 3 weeks ago, trial date set for 5/3 but will be continued.
    We have been separated 3 years with no legal agreement and me paying child support non-ordered by the courts.
    Question #1. How can she come to MY place, cause an argument and then file an ex parte on me for duress to the kids that she caused? If I had gone to HER residence and either one had an argument, I can see it (the kids live with her.)
    Question #2. What ever happened to the 10 day statue? Most of the delays have come from packed courtrooms but with my extremely limited visitation, granted at the 20 day mark, my parenting duties, responsibilities, obligations are being severely compromised by the X and her new boyfriend. How and through whom am I going to hold someone responsible for this? This is a frivolous ex parte and surely things cannot revert back to the existing with no punitive action on her.
    Question #3. Do I have to wait until the criminal is heard before I can sue her for deformation, or alienation or what ever constitutes a misuse of the legal system. Will the judge hold her accountable then or will I have to spend more money and file another motion?
    I realize this is a long post and my other questions will wait.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Ex Parte Order

    Why did you find it necessary to shove your way past your ex-, rather than simply letting her walk your mutual child to her van to drive her away for visitation?

    What "10 day statute" are you talking about?

    How has she defamed you? By pressing criminal charges for assault when you admit that you shoved your way past her?

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