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Statesville North Carolina Legal Blog

North Carolina rules for when a parent needs to move

Although having to move is a part of life that many residents of Statesville, North Carolina, will probably have to experience at some point, the process is never easy.

This is especially true for single parents, as having to move any distance often gets met with resistance from the other parent, who may fear the move will interfere with his or her relationship with the children or, in some cases, prevent the other parent from even visiting the kids.

Why you should fight for the custody schedule you want

If you are going throw a rough divorce or engaging in a bitter custody battle with your ex-partner in North Carolina, you may be ready to say and do anything to put an end to the struggle. Your child’s other parent might not be cooperating with you and trying to make things difficult. No matter how challenging you may feel your situation is, do not blindly or prematurely agree to a custody schedule. 

There are ways for you to get the child custody schedule that works best for your situation without arguing back and forth with the other parent. Here are some reasons why it is best for you to work to resolve your child custody situation properly the first time. 

North Carolina's driving points system

As is the case with other states, North Carolina has a points system it uses to identify, and punish, drivers who have a pattern of being unsafe on the state's roads or who commit serious safety violations while driving. These points are assessed administratively and are an additional penalty above and beyond having the pay a traffic ticket.

Statesville residents, as well as visitors to the area, have plenty of reasons to take these driving points seriously. If a person accumulates more than 7 of them on his or her record in a three-year period, then he or she will be ordered in to a driver safety class and will have to invest the time and some additional money, $65, in to enrolling and taking the course. If a person gets 12 points in three years, there will be a license suspension of at least 60 days and up to 1 year.

How an accusation of domestic violence can affect custody

A previous post on this blog discussed the possible criminal charges and punishments a Statesville, North Carolina, resident can face if he or she is found to have committed domestic violence.

However, criminal trouble is just one of many problems a person can face because of domestic violence. By way of example, a credible allegation of domestic violence, even if there is never a criminal charge, can affect a North Carolina's rights to child custody and visitation.

Overview of domestic violence laws in North Carolina

Many Statesville, North Carolina, residents may struggle in their romantic relationships, and there may even be a lot of serious tension at home that occasionally boils over. However, as Statesville residents can probably guess, North Carolina law prohibits domestic violence, and someone who crosses the line from being angry to being abusive may face serious legal consequences.

Unlike some other states, North Carolina does not have one law that prohibits domestic violence, although it does have a separate law which prohibits people from violating civil protective orders. There are in fact several different types of criminal charges a person might face when accused of domestic violence, and many of them are felonies that can send a person to prison, sometimes for a long time.

Consequences of a traffic ticket in North Carolina

When you receive a traffic ticket, you may not think it is a big deal. After all, almost everyone gets one sometime, right? All you have to do is pay the fine, take a class and move on with life, right?

Wrong. Traffic tickets can have unforeseen consequences if you do not handle them correctly, whether by late payments or fighting them without representation. Have the help of a criminal defense lawyer so you can avoid the negative effects of traffic tickets in North Carolina.

Protections against DWI charges

The possible penalties and consequences for a DWI charge are not insignificant. They can range from possible incarceration and hefty fines to license suspension and an increase in insurance premiums. Because of the serious potential penalties and consequences associated with a DWI charge, it is important to understand that criminal defense rights apply in all situations when an individual has been accused of committing a crime and that they provide important protections for accused individuals.

It is important for accused individuals to understand how to protect their constitutional rights which includes protections against unlawful searches and seizures, the right not to speak to authorities or investigators and the right to representation. It is also important to note that a strong criminal defense strategy may also include challenging the alleged evidence against the accused individual, the stated facts or witness testimony all of which can be investigated.

What is expungement and how can it help me?

Expungement is a process that can help individuals who are involved in the criminal justice system and may be something they have heard of but do not fully understand. Accused individuals may wonder what expungement refers to and how it can help him. Even an arrest record can create a criminal record and a variety of problems for an accused individual to contend with and, in some circumstances, expungement may be able to help.

Expungement is a legal process that allows the legal record of an arrest or criminal conviction to be sealed or, in other words, erased in the eyes of the law. The process, also referred to as setting aside a criminal conviction, can vary by state so it is important to be familiar with what the procedure is in your state if you are seeking an expungement of your criminal record. Various factors may determine eligibility for expungement including where the expunction is sought; the nature of the charge or crime; the amount of time that has elapsed since their arrest or conviction; and the individual's criminal history.

How will spousal support be determined in my divorce?

Spousal support can be one of the most significant concerns during a couple's divorce. Spousal support may be awarded to one spouse during the divorce process of may be agreed upon by the couple. Divorcing couples may wonder how spousal support is determined and what purpose it serves. Spousal support is intended to provide assistance to a lower-wage earning spouse or a spouse that did not work during the marriage and may have remained in the home to care for the household and children.

Spousal support is intended to offset any unfair economic impact of a divorce on one spouse and ensure as much as possible the economic viability of both spouses following divorce and that a standard of living similar to the one enjoyed during the marriage is preserved. Spousal support can be awarded in different amounts and for different periods of time. In some circumstances, state laws dictate spousal support, or alimony, awards so it is important to know the laws in your state.

Property division in a North Carolina divorce

People who plan to divorce must deal with a number of issues. Who gets what in the split ranks as a major concern for many.

A basic outline of North Carolina's approach to property division can give a couple a starting point for considering goals and expectations throughout the divorce process. An experienced attorney can advise further and develop an optimal strategy for protecting a spouse's interests.

Serving Statesville, North Carolina and the surrounding area