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Two reports on communicating threats and restrainment ...now violating a court order for disposing , obtaining property under

Fayetteville, NC |

false pretenses...in several incidents. Family law.
IN part asking should my lawyer file the charges against him and work agressively in my favor or should I file since I have new evidence and he deal with the charges in criminal court and then later it be reported to the family court judge at the next trial?

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Attorney answers 2

Posted

It is not clear to me what you are asking. You can't ethically threaten criminal prosecution to settle a civil matter. If it is criminal in nature, it is the DAs call whether to prosecute and not your decision.

Since you have an attorney, follow his or her advice!

Was this helpful? Please let me know by clicking the "thumbs-up" image at the bottom of this post. Thanks! Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created through the use of this web site. Information pertains to the State of North Carolina only. See our website, www.RiceFamilyLaw.com for more information. Rice Law, PLLC 401 Chestnut Street, Suite G Wilmington, NC 28401 (910) 762-3854 http://www.RiceFamilyLaw.com http://ricefamilylaw.com/blog/ http://twitter.com/RiceLawPLLC

Asker

Posted

Excuse me I was supposed to be in protection program and was advised by two magistrates to file criminal complaints cause he was getting away with this. That judge should of been better I watched her say things at a homeless place and there were soldiers mothers there. These are women too. It shocks me. I am not the only one. He didn't even show up 6 times. In court. Safe is in place of your environment you choose not what they force you to. So you can,t work or get paid or be divorced. What was the reason you became a lawyer.

Posted

You question is hard to follow. It sounds like you are saying that you have evidence of a new crime committed by an opposing party in a family law case. It sounds like you listed at the beginning offenses for which this person has been previously convicted. Finally, it seem that you are asking whether you should use the evidence of a new crime to your advantage in the family law case alone or report it to the police, all him to be prosecuted, and use that new prosecution to your advantage in the family law case.

If all of that is correct, your lawyer cannot file charges against him unless your lawyer is a witness or a victim in the case. If you have information about a crime, you can report it to the police or not as you see fit as a citizen. You cannot threaten to report a crime to gain an advantage in a civil action (a family law case is a civil action).

As you have an attorney, that attorney would be in the best position to advise you further.

Asker

Posted

hmm well 14 reports acts of larceny,abuse, I filed criminal compaints by law and cong. law.....he got pissed filed false report they helped him not me now I face it to include altered my order now homeless for holidays these arev sick bastards district judge biased to me I caught them others have complained. now what need to move she ignored all my motions I want to sue need my home back in 45 days he stole property, acts of larceny, transfered illegally, abuse, threats, order harms me written fraudently

Asker

Posted

This is not it is protection this went on in the past how dare you not to include the mental abuse and trust me I realty believe now human trafficking cause they never wanted to Pay me. This court concerns me. I went through a lot .... how dare you.

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