Articles Tagged with domestic violence

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Hi, Ms. Carolyn

My wife and I need some advice. In 2009, we had to see a judge in a matter of a 50B taken out by my stepson’s father based upon alleged child abuse. The 50B judge said that we would revisit the 50B issue after DSS finished their investigation, but it was never resolved. The father of my stepson let him stay with us after it happened.  We waited a month, and the father’s lawyer withdrew. The Judge dropped the 50B case due to the father not moving forward with the 50B. I checked a box on a DSS form saying that I was not admitting any guilt with DSS.  DSS never did an investigation. DSS apparently found abuse in the home because a year before (2008) my wife got mad, and took out a 50B on me. My wife then dropped the 50B. Then, my stepson’s father got a hold of the 50B my wife filed and dropped and DSS went with the decision based on my wife’s 50B.  Can DSS base a case on my wife’s dropped 50B?

Carolyn Answers….

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Dear Carolyn,

My wife keeps threatening me with a 50B.  We do argue, but I have never laid a hand on her or even threatened her.  She says in court it will be her word against mine.  Is there anything I can do to protect myself?  I don’t want to go to jail.

Carolyn answers:

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Dear Carolyn,

I have a domestic violence protective order, but the one year expires next month.  I am still afraid of her. She came at me with a knife, but luckily, I was able to get away. She still posts statements on Facebook that let me know she is still angry with me. What do I do for protection when the one year is up?

Carolyn Answers….

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Dear Carolyn,

I want my guns back.  My ex-wife filed a 50B for domestic violence that never happened, and the judge took my guns away.  The incident, she fabricated, didn’t even involve a gun.  The year is up, so how do I get my guns back?

Carolyn Answers…

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Toni Maurie Gwynn was a 17-month angel who died July 10, 2013 in Eden, North Carolina. She was found suffocated and strapped to a car seat. Apparently, she had not had food or water for many hours.

The latest “who dun it” was resolved last week with her father Antonio Gwynn pleading guilty to second-degree murder.

The mother who is being sentenced for manslaughter helped the police and sheriff’s department find a missing blanket in a pond in Rockingham County. The blanket was the murder weapon.

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Dear Carolyn,

The ex-wife of my new husband is constantly calling my cell phone, following me in my car, and making faces at me at the children’s soccer game.  I get texts from her calling me names.  She even threatened to come to my work. I feel intimidated.  Can I get a 50B for domestic violence and harassment?

 

Carolyn Answers:

You may be able to get a 50-C, not a 50-B. A 50-B is a domestic violence protection order that can be obtained if you have certain types of relationships with the defendant.  Unfortunately, 50-Bs do not cover relationship problems between a former wife and a new wife.  Typically, 50-B relationships are romantic relationships or parent-child type relationships.

You are eligible to get a 50-C against your husband’s ex-wife.  Essentially, a victim (you) under the 50-C statute:  “Victim.—A person against whom an act of unlawful conduct has been committed by another person not involved in a personal relationship with the person as defined in G.S. 50B-1(b).”  G.S. 50C-1(8).

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Dear Carolyn,

I have been reading the horrid stories about children being left in hot cars.  I also have been troubled by my next door neighbor leaving her seven-year-old son alone this summer while she goes to work.  I have seen this mother lock the door when she leaves in the morning with the child apparently inside.  I do think the seven-year-old has a cell phone.  I don’t like this situation for the seven-year-old who just finished first grade. Is there anything I can do?

~ Danger Lurking Next Door

 

Dear Danger,

Ohhhhhh! It is a crime for someone to leave a child under eight years of age unattended.  Further, a child under age eight cannot be left locked up, as this is also a crime.  Children under eight years of age must be left with a supervisor of suitable age and discretion.   The parent can and will be prosecuted.  The placement in the law of this statute is interesting as it is presented as a “fire protection” for little children.  However, I do believe that leaving an unattended child under eight in a car would be a crime under this statute as well. (North Carolina General Statutes 14-318.)

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by Carolyn Woodruff, North Carolina Family Law Specialist

Opioids are the growing problem in family law. Opioids and domestic violence do not mix and yet yield dreadful consequences. From Greensboro, North Carolina, a 28-year-old woman named Marie Aman will spend many years in prison for the death of a man, who may or may not have been her boyfriend.

The problem? She ran over him, and her opioid addiction played into it.

More tragically, she already has two children. What prospects do these two children have? Life in foster care? Being adopted? Hopefully, in prison she will beat her opioid addiction which is very hard to do, but where will her children be while she is in prison? I don’t know anything about her extended family, and perhaps there are fabulous grandparents out there.

For the life of Dona Auzins, her son is dead. Aman ran over the Auzins’ son after what appears to be a domestic dispute. The story of what happened is unclear, but whatever happened, Auzins is dead. He was found on the street having been hit by the automobile driven by Aman. Her story: She put her boyfriend out of her car to walk home. She planned to drive to her own home, and she says she suddenly say Auzins in front of her. He allegedly shouted: “What are you going to do? Run me over?”

The case came on for trial yesterday in Greensboro, North Carolina. Aman took an Alford plea to second-degree murder, which has a minimum sentence of approximately eight years. The Alford plea means she does not admit guilt. She is the only one alive who was there. What she says happened is that she and Auzins argued. Domestic violence. She saw Auzins later in the road in front of her, and she ran over him crushing the right side of his brain. He was delivered to Moses Cone and was brain dead. That’s when his mother found out.

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Dear Carolyn,

I think my husband and I may be getting separated and divorced, and I am concerned about our 2016 tax return, which has not been filed yet. The tax return is under an extension.  My husband has a small business in Greensboro, and I have no idea if he reports all of the income in the business.   I have heard that I can be responsible if I sign the return.  He never gives me a copy.  Do you have any thoughts on this issue?  Do I have to worry?

~ Worried and in the Dark

 

Dear Worried and in the Dark,

This is always a tough decision, and the law that applies to this is called:  “Innocent Spouse Relief.”  There are some things that you need to know in making the critical decision of whether to file a joint income tax return with your spouse.

First, you need to know that you do not have to sign a joint return, but if you elect to do so, you are potentially 100 percent liable for any income taxes, interest or penalties related to the return you sign.  Yes, I said 100 percent, not 50 percent.  You see, the Internal Revenue Code holds each signer of a tax return jointly and severally liable for all taxes, interest and penalties, absent a co-signer being an innocent spouse. So, to me, signing a joint tax return is always a big decision for a person with a small business.  Contrast this with spouses who both have W-2 incomes from employment with third parties;  if the only income on the return is W-2 income, then generally it is safe to sign a joint return properly prepared.  You, however, are in the riskier situation with the small business.

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By: Carolyn J. Woodruff, attorney

While nothing in this article should be viewed to condone the horrific acts of Christopher Lee Neal, age 42, who shot at a social services worker after children were taken from his home, the event should be a wake up call for the Department of Social Services (DSS). Apparently this Reidsville man targeted at least two social services employees that had been working on his child custody case. He shot at one of the social workers through her car window in Burlington. According to news reports, she was not injured. He was later apprehended in Myrtle Beach.

Let’s face it. Taking away a child is serious business and emotionally drenching, and should only be done by DSS with all the proper protocols, which involve either having law enforcement or a Juvenile Judge.   Unfortunately, DSS in many instances is acting outside the bounds of the law and the Constitution, and they do not follow proper protocol regarding the removal of children, in allegedly dangerous situations, from homes. This makes a parent mad.

DSS is not law enforcement, and DSS is not a court of law. DSS is an agency that MUST apply to the Juvenile Court for the authority for search and seizure of children. DSS can assess the danger and apply to the Juvenile Court, but DSS is not permitted to “search and seize” children based on its own safety assessment. This seizure is improper. While I like Sheriff Page, his statement if reported accurately is both incorrect and not in keeping with the US Constitution. He reportedly said in a Press Conference, ‘Child Protective Services were investigating a case…During the process in their job, sometimes they have to remove children from the home because of neglect and abuse.” No, this is not correct. DSS can investigate, and DSS can apply to the court to obtain an order to remove the child, but DSS cannot do this removal simply because DSS thinks it should. To do so is unconstitutional search and seizure.

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