Victoria Gillispie Hardin's Answers

Can a person avoid statutory rape charges if parent of minor does not press charges

In North Carolina, structured sentencing is used to determine punishment. Statutory rape is classified as a B1 felony with a minimum presumptive term of 144 months, plus registration as a sex offender. The level of punishment is calculated by the defendant's prior record level. There is no statue of limitations for felonies in North Carolina. Neither your consent nor your parent's consent to the relationship is a valid defense to this crime. Of course, whether or not to file charges would be in...

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Do you have to file for separation before you can file for divorce

No. Contray to popular belief, you do not "file" for a separation in North Carolina. A separation begins we the parties begin living apart with the intention to not continue the marital relationship. If the parties are still living in the same home but wish to no longer continue the marital relationship, a "divorce from bed and board" is often filed alleging fault and asking the court to declare a separation. You cannot file for a divorce until the one year's separation requirement has been met....

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What is the worst punishment I could get if I get charged with domestic criminal trespassing, eventhough my husband lied?

North Carolina uses structured sentencing when determining punishment for criminal offenses. Domestic criminal trespass is a class 1 misdemeanor. Your sentence would depend upon your prior record level. However, the maxium punishment is 120 days in jail.

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I am a female in he millitary .I want to get a divorce. What would I have to pay my spouse if i was to divorce?

Financial support is paid to a spouse in the form of postseparation support and alimony. Alimony is used to make up for the shortfall between a dependent spouse's reasonable needs and their income. Alimony is paid to your husband only if he is a dependent spouse. Property, including the marital portion of your military retirement is determined through equitable distribution. The percentage of your military retirement payable to your spouse will depend on the length of your marriage and the...

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Can an assault charge be cancelled?

In Oklahoma, it depends on the policies of the district attorney, which may vary from county to county. While the victim may have an opinion regarding the outcome of a case, many counties have "no drop" policies for domestic violence. This is due to the nature of the crime. Whether or not to dismiss the charges is ultimately up to the district attorney. A victim cannot simply, "cancel" the protective order nor dismiss the charges. When a protective order is sought, photographs of injuries are...

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Active duty Military - Does a cheating wife always get half even if she abandons family twice?

In North Carolina, illicit sexual behavior, or cheating, is a complete bar to an award of alimony for the dependent spouse. Proof of cheating is often hard to obtain. You may want to consult with a private detective regarding your wife's behavior. Although cheating matters when it comes to spousal support, it has no bearing on her entitlement to an equitable distribution of the marital estate. Your military retirement is considered martial property if you made contributions during your marriage....

I am a female in he millitary .I want to get a divorce. What would I have to pay my spouse if i was to divorce?

Financial support is paid to a spouse in the form of postseparation support and alimony. Alimony is used to make up for the shortfall between a dependent spouse's reasonable needs and their income. Alimony is paid to your husband only if he is a dependent spouse. Property, including the marital portion of your military retirement is determined through equitable distribution. The percentage of your military retirement payable to your spouse will depend on the length of your marriage and the...

Can i get into trouble due to the fact that my ex girlfriend waited so long to tell me that i might have a kid

If your girlfriend isn't agreeable to a paternity test, you may petition the Court for paternity. Once paternity has been established, then you can file an action for child custody and/or child support.

How do I find a lawyer to get my ex-wife name off my land?

Consult a local attorney regarding filing an action to partition the property if the land was not addressed prior to the divorce through a separation agreement or an equitable distribution proceeding.

Can you sue or take a person to court who is trying to break up your marriage and family life?

It appears as though you are interested in seeking relief through the North Carolina "heart balm" torts. From your facts, an action for alienation of affection or criminal conversation is not likely to be successful. Please consult an attorney to more more details for further evaluation of your claim. However, if your husband feels as though he is being harassed by this person, your husband, not you, should inquire into relief through the criminal justice system. Two statutes may be...