Legal Question in Criminal Law in North Carolina

in a custody case of a minor child, the custodial father and child have possession of the child's dog. The non-custodial (no visitation, psych eval ordered) mother has tried to bring criminal charges against the father for return of the dog. If a judge decided to actually hear any of her motions/filings, how would the judge go about proving ownership of the dog?


Asked on 8/10/15, 9:07 am

1 Answer from Attorneys

Judges don't prove things - they decide things! Other than when they recuse themselves for conlicts, they also generally speaking, don't decide which matters they will hear and which they won't as if they have choice in the matter. The burden of proof would not be on a judge to prove ownership - that burden lies with the mother (or the State in the matter of a criminal case) and to a lesser degree the father. This would likely be a civil case not a criminal one unless she is alleging the dog was stolen. Anywho, there are lots of ways to prove things. Ownership records, Vet records. Purchase receipts. Your testimony - perhaps even the child's testimony. Testimony of others who have knowledge of who owns the dog. If she is successful in bringing some kind of action against you - you clearly will need the assistance of an attorney. Best of luck to you!

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Answered on 8/10/15, 1:57 pm


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