Skip to main content
Barbara Jane Rynne
Avvo
Pro

Barbara Rynne’s Answers

42 total


  • How does a no contact order work in North Carolina?

    My estranged husband pled guilty to assault on a female and simple assault. The judge sentenced him to 60 days in Jail, 18 months supervised probation, court costs, classes and no contact order. My question is how does a no contact order work in N...

    Barbara’s Answer

    A no contact condition of probation is different than a Domestic Violence Protective Order, pursuant to N.C.G.S. Chapter 50B.

    It sounds like the Judge has conditioned your estranged husband's probation on his having no contact with you during the term of his probation. This condition will be enforced by the probation officer. Should your husband contact you in any form (phone, text, email, or in person), you may contact his probation officer to report the contact. It is then up to the probation officer whether or not to file a violation of probation against your husband. If a violation is filed, and your husband is found to have violated that condition of probation, the Judge could sentence your husband to a short term of incarceration, but may not activate your husband's sentence. Once probation is terminated, that no contact condition is no longer valid.

    A Domestic Violence Protective Order is a separate action, filed in civil domestic violence court. It is a civil order which could require your husband to stay away from you, and that no contact is independent from any probation conditions. If your husband violates the DVPO, you may report the violation to the police department, and criminal charges for violating the order may follow. The criminal charge of Violation of a Domestic Violence Protective Order is a class A1 misdemeanor, and punishable by up to 150 days in jail.

    I would strongly recommend that you contact a lawyer knowledgeable in the area of domestic violence to discuss your legal options.

    See question 
  • Ok what do i do now ...

    a coulble of months ago i was here about my huband who wont leave and has a history of dv and i got alll the papers .since he wont leave .i packed and left and went to my friends house ..he just follwerd me .please helpme someone he wont l...

    Barbara’s Answer

    I agree with the other attorney, you need to get a Domestic Violence Protective Order. You need to go to the courthouse in your county, to the civil clerk's office and request the paperwork to obtain the DVPO. You might also want to see if there are any victim's advocates groups in your county. They can help you file the paperwork necessary to obtain the protective order, as well as do safety planning with you. I would also recommend that you check out the website below. There is a lot of very helpful information about how to protect yourself from domestic violence. Good luck!
    http://www.safealliance.org/safety-planning-domestic-violence/

    See question 
  • My husband is in jail for three accounts of rape and 3 accounts of indocient liberties on my daughter , his bond is set for

    bond is set at 600,000 , i got a call today that he wants a bond hearing what does this mean?

    Barbara’s Answer

    It simply means that his lawyer is making a Motion to reduce his bond. The District Attorney will be present, and will no doubt oppose any bond reduction. If you are interested in attending the hearing, or wish to be heard, you should contact the ADA that is prosecuting the case.

    See question 
  • What I need to do to protect my self for a penalty to do a summons that I never received and the judge put me to pay $1000.00.

    We had a civil case sue amount of $ 4500.00 do to our home construction. At the trial the judge ruled us to pay $ 500.00 . After we paid that amount I receive a letter from the sheriff demanding to pay $4500.00 because I did not respond in time to...

    Barbara’s Answer

    This is a question for a civil attorney to answer. You might want to consider reposting your question.

    See question 
  • When a person has a pending charge of an Open count murder and the person has requested Discovery papers...Is there a way for th

    My son is charged with an open count of Murder and he only defended himself cause he feared his life. The DA is being really hard on him cause he has a non violent record. Every time we try to discuss the case our words are being twisted to satisf...

    Barbara’s Answer

    Someone from the Capital Defender's Office should have already been appointed to represent him. Please find out who that attorney is, and contact them as soon as possible.

    See question 
  • Please help?

    Hello. I know that this is very odd to email a stranger but I am in desperate need of advise. No one will answer any questions without giving them money and I just need a quick few sentences of "what to do". My best friend is going through the rou...

    Barbara’s Answer

    Unfortunately, because the action was initiated in South Carolina, he needs to consult with a South Carolina attorney. The law in each state are very different, and you cannot practice in either state without being first licensed in that state. So sorry for what your friend is going through!

    See question 
  • Is the defendant in a drug conspiracy charge allowed to see what proof there was a conspiracy?

    The defendant was told he was charged with conspiracy to distribute and sell crack because of statements written on him by other defendants.

    Barbara’s Answer

    The short answer is yes, a criminal defendant is always entitled to see the evidence against him. However, getting that discovery from the District Attorney's office sometimes takes time.

    See question 
  • What is the difference between the charges being 'acquitted', 'dismissed, or 'dropped'?

    Does one necessarily means more innocent than the other although they all mean not guilty, just curious.

    Barbara’s Answer

    They all, practically, describe the same disposition. Dismissed means that either the Judge or District Attorney dismissed the charges (or dropped them). Acquitted means that a Judge or Jury found the charged person was not guilty. Either way, it describes a non-conviction.

    See question 
  • What can I do about my case in one county if I'm staying in another county and I have no transportation??

    The case is pending in Rockingham NC, and had court dates. I couldn't make it to court cause I don't have transportation. (The trip is a hour and a half long) I have called my lawyer and the court house and they both told me" I don't know what to ...

    Barbara’s Answer

    Unfortunately, your lawyer is correct. You have to appear, otherwise a warrant for your arrest will be issued, if your lawyer cannot waive your appearance.

    See question 
  • Is it possible for me to get full custody of my daughter if my boyfriend has been abusive towards me?

    I have police reports on him and I recently decided to leave him after he put his hands on me again in front of my daughter. Its the first time he has put his hands on me in front of my daughter but he has been abusive verbally in front of her tow...

    Barbara’s Answer

    It sounds as if you may have enough to apply for a Domestic Violence Protective Order, which could keep him away from both you and your daughter. You can ask for temporary custody of your daughter as part of the 50B Order. However, the 50B is not intended to be a replacement for a full custody proceeding. I would recommend that you file for the 50B immediately, but file for Custody in a regular Chapter 50 action as soon as possible. You should consult with an attorney as soon as you can.

    See question