Legal Question in Family Law in North Carolina
I have had a dvo against me for 2 years, when it was taken out my ex was pregnant. I have violated the dvo once for writing her a note asking to see my baby daughter. I spent 4 months in jail for that. The day this all started we got into an argument about money, I had just moved my daughter and myself for her, my car had just blew up, and I lost my job. She told me she was leaving me. I lost it and left the room and turned over our entertainment center, and left. I didn't touch her, come toward her, or threaten her. I walked out of the room and turned the entertainment center over on my way out the door got in the car and left. Later I was pulled over and arrested for destruction of private property. While in jail I get an eviction notice, find out all my belongings including my clothes were gone, then one morning they call me to get ready for court. I am taken to the courthouse and walk into what I later find out is a dvo hearing where I ask for a court appointed attorney and get denied. My ex says I threatened to kill her and her mom and dad say they witnessed it. Her mom was heard saying that i would never see that baby, and later after the dvo was in place my ex ran down my mom and rammed her car. I know I can request to have the dvo changed to allow visitation with my child. But I really want to do something about this dvo. It's obvious that my ex is using it to keep me away from my child. She obviously isn't scared of me. If I can show evidence of no past history of violence toward her or anybody else. Witnesses to the things she has done to me including a woman who heard her say she was going to get me and heard her say she threw my belongings away while I was in jail, and witnesses to her mom's comments about keeping me from seeing the baby. Would there be a chance of me showing she had no reason to be afraid for her physical safety. And show how she consistently uses this order as an aggresor and solely to keep me from my child. With an attorney could I take the dvo itself back before the court and try to get it dismissed.
1 Answer from Attorneys
The bottom line is with an attorney you likely have a very slight chance without an attorney you likely have virtually no chance. You can always roll up in court and tell your side of things on your own but it you tell the story you told here - the DVPO is likely staying in place. However, even if the DVPO stays in place you can and likely should do a separate action for visitation.
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