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Case is in NC - BF lives in one County were the RO is issued and BM lives in the next county

My husband has a ex parte RO against his ex-wife - she was served today 5/12/06 at 10:30am

Their custody orders (from four years ago) state she has visitation this coming weekend (Mother's Day).

The child/my husband/myself are covered under the RO as no contact with the BM at all

The court date for this RO is 5/23/06

The BM's mother call my home at 11:30am and left a message on my answering machine stating she had the paper work and would be here to pick up the child at 10:30am tomorrow morning.

My questions:

1- Is there any paper work she could have filed to still take her visitation even with the RO in place?

2 - Would the court in a different county change the RO to allow BM visitation without the case being heard in court with both parties there?

3 - Any other advice you might have...

My hubby's ex is at it again.

Background:

She has filed five charges (all Communicating Threats and Assault on a Female) against three people since 2002 ~ Which she has always ended up having them Dismissed by her choice (four of them...the last one is set for a court date 1/24/06)

2002 ~ against my husband ~ Communicating Threats ~ Dismissed by her
2003 ~ against her husband ~ Assault on a Female ~ Dismissed by her
2004 ~ against me ~ Communicating Threats ~ Dismissed by her
2005 ~ against her husband ~ Assault on a Female ~ Dismissed by her
2005 ~ against my husband ~ Communicating Threats ~ Pending court date

My husband has full legal and physical custody of his daughter but she has been living at her mother's house for about 1 1/2 years now. At the moment she is being an out of control teenager and doing things that are dangerous to her health and safety. She has admitted doing drugs, drinking, smoking and having underage sex...she is 16 year old.

(content deleted by soc, to protect defendant's attorney-client privilege).

The law in NC is this:

14-277.1 Communicating Threats
     (a)  A person is guilty of a Class 1 misdemeanor if without lawful authority:
            (1)  He willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another;
            (2)  The threat is communicated to the other person, orally, in writing, or by any other means;
            (3)  The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and
            (4)  The person threatened believes that the threat will be carried out.
      (b)  A violation of this section is a Class 1 misdemeanor. (1973, c. 1286, s. 11; 1993, c. 539, s. 172; 1994, Ex. Sess., c. 24, s. 14(c); 1999-262, s. 2.)

My Questions:

1 ~ What does the law mean when it states "without lawful authority"?

2 ~ Worst case...what are the punishments for a Class 1 misdemeanor in NC?

3 ~ What can we do about the ex filing charges and dismissing them all the time? (I really don't care if she does that to her own husband but it shows a pattern and I pull all of our Crimminal records to prove it)

4 ~ Does this case NEED for us to hire a lawyer to protect my husband?

Thank you in advance Soc and any advice is welcome from others too.

BM and BF have joint legal with BF having physical

Both parties lived in the home state (State A) and have moved from that state

2.5 years ago BM moved to State B
5 months ago BF moved to State C

Court order is in State A

Children do not spend 6 months in either state

1. Can BM move the case to her state and filed contempt (not for custody as that is not what the children want at this time, but because BF is doing everything he can to keep BM from information which is legally allowed to her thru the court order)?

2. If the BF has not lived in State C for 6 months he cannot move it there right?

3. Does the fact that the children go to school in BF's state make a difference as to which state gets jurisdiction (or is it in this case first come first serve)?

Thank you

Okay...I said I was never going to do this but the kids are getting VERY tired of driving 12 hours one way to visit with me...with that said...

Anyone whose children fly alone could you please walk me through the whole thing and let me know what I need to do...PLEASE? And how they take care of the kids...are they good...I am so nervous!!!

My children are 12 and 13...

I was talking to my child last night on the phone and all h*ll broke loose.

I tried calling at 7:30pm which is my time to call them (agreed upon by dad and myself...court order state daily access via phone/internet). So the phone was busy until 7:45pm. No problem as long as I get to talk to them.

Talked to my first child and helped him with some homework about his nationality (he only had his dad's information down and I offered him my information because he is half me too). It bugged me that dad wouldn't have told him to get my information...but that's the little issues and I am not going to worry about that. I just kept a cheery voice with my child and said that's a cool homework and it sounds like you have dad's information all down so I will help you get mine down too. I was on the phone with him about 10 mins (looking up information on the internet and just talking about our days.

Got on the phone with my other child about 7:55pm. We start talking about our days and his homework (they are in the same classes...the older one had stayed back one year). Dad and his GF's baby was being kinda fussy in the background but I am used to that by now (We don't get a peaceful phone call since they have been there. My son was telling me about how he has started see this counselor at school. I was asking if it was for his reading issues or what...cause this was the first I had heard of it (and yes I have joint legal but to my ex that means nothing). Mind you the baby was fussing the whole time in the background...so I hear the GF yell in the background the phone has been tied up long enough. My child stops in the middle of what he was saying and said I got to go. Then I hear someone get spanked (I think the baby) and I hear the GF yelling I can't take this anymore. So I start saying good bye to my child so he doesn't get into trouble (we say bye love you and talk to you tomorrow every time we talk). We got to the bye and the phone was hung up...

I sat there with my mouth hanging open...not sure what happened. Not sure if child hung it up cause he was yelled at to get off of it like that...if dad hung it up cause GF was upset about it...or if GF hung it up on my child. I call back and ask tell the ex "What happened? We were disconnected while we were saying our good byes" and he said just leave it at that (that it was disconnected)...I sat there not saying a word and then I said "I do not like this at all XXX" (XXX being his name) he didn't say anything...I said goodbye and he said bye and hung up. I didn't get to finish talking with my son or anything...I didn't hear anything in the background. I am so freaked out right now. I know she hung up while we were talking. It was 8:05pm I had only been on the phone with my two children for 20 mins which part of that was me helping with homework.

My hubby and I talked last night about getting them a cell phone to add to our plan. We get unlimited free mobile to mobile minutes and we will be able to lock the phone so it can only get/make calls from/to our two cell phones here. We have a national plan so it wouldn't be roaming. That way we wouldn't be tying up her house phone and we would be paying for it so she would have nothing to say about it. And all the issues I have had about getting a hold of them would be gone. They would have long distance (there is none now) to call me with and I could call them without have people hang up on us or tell us to wrap it up cause the phone has been tied up enough.

I just cannot believe she would do that...I am so p*ssed off it's not even funny. I have been so supportive of their relationship...always telling my children to make sure they behave for her...sending the other two children little presents when I send my children things.