Legal Question in Family Law in North Carolina

I have Schizoaffective disorder, I am on several antipsychotics. About 2 years ago I had stopped taking my meds and had a blow up where I threatened to kill her and then tore up the house. She was pregnant at the time and had told me she was leaving me. She called the cops, took all my belongings and threw them away, had me evicted, and took a dvo out on me. About 8 months ago my mom ran into her and my ex rammed her car with my 2 year old in the back. She didn't act too scared then. If I can show that there wasn't a history of abuse in our relationship, her ramming the car, and how I am unable to see my baby daughter. Can I somehow fight the dvo


Asked on 7/27/17, 12:46 am

1 Answer from Attorneys

The question isn't whether you can fight the DVPO - you can. The question is what are your odds of being successful. If you represent yourself - virtually none. If you hire an attorney, less than slim and none. The bottom line regardless of her actions, your actions would likely compell most Judges to err on the side of cation and keep the DVPO in place. Your best argument would be that there has been no other instances within the last two years (hopefully that's true if not your odds go down dramatically and they aren't good to start with) and that you have stayed on your meds. Medical testimony about your progress during the past two years would likely be helpful as well. One thing to keep in mind, your DVPO could potentially be modified to allow visitation with the child either at your DVPO hearing or in a separate visitation action. It would likely be supervised but that's better than nothing.

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Answered on 7/27/17, 7:58 am


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