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  • 1.  DV system being abused / any way to transfer from NC?

    Posted 10-03-2017 01:14 PM

    Client is the mom of a 15 year old. After attempts to get voluntary contributions from ex (who now lives in North Carolina) went nowhere, she retained me to file for child support. Her ex was livid, threatening her that he'd make life hell if she followed through. The court ordered him to pay $100 per week. Ex has refused to comply and the interstate garnishment process is, as we now, slow (slower with some states than others). It looks like the garnishment order finally hit and they're about to take support.

    Client is served this morning with a domestic violence TRO from North Carolina saying my client has harassed him by posting on her FaceBook page that he's a deadbeat (and similar nonsense). Apparently it was enough to get a TRO entered. She is disabled (in a wheelchair) and completely indigent. She cannot possibly get to North Carolina. I tried reaching out to legal aid in NC, but they don't represent defendants in DV actions, regardless of how spurious the claim.

    Any suggestions?

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    David Perry Davis, Esq.
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  • 2.  RE: DV system being abused / any way to transfer from NC?

    Posted 10-04-2017 07:45 AM

    I would reach out to the county bar where the case is listed and see if there is some kind of pro bono group for either disabled individuals or victims of domestic violence.  Perhaps if they are able to put you in touch with an actual person they might be willing to help or know of an organization that could work with her.

     


    Holly M. Friedland, Esq.
    SHAUGER & FRIEDLAND, LLC
    248 Columbia Turnpike, Suite 202
    Florham Park, NJ 07932
    (973) 597-1700

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  • 3.  RE: DV system being abused / any way to transfer from NC?

    Posted 10-04-2017 09:11 AM
    I think Holly's idea is excellent.  Your client is really the victim of a form of DV and a local DV advocacy group would probably be able to help her.

    ------------------------------
    Lynn Norcia, Esq.
    Of Counsel
    Starr, Gern, Davison, Rubin
    105 Eisenhower Parkway
    Roseland, NJ 07068
    (973) 403-9200
    [email protected]
    ------------------------------

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  • 4.  RE: DV system being abused / any way to transfer from NC?

    Posted 10-04-2017 05:19 PM

    Hi Dave,

     

    I echo Holly's suggestion to reach out to a local DV program.  Here is a list of domestic violence agencies in North Carolina, broken down by county.  While most DV programs do not have attorneys on staff, many of them have legal advocates as well as connections to local legal aid agencies, and in some instances, referrals for pro/low bono attorneys.  She is also welcome to contact NJCEDV's DV Legal Helpline at 844.403.2111 and you can contact me directly if you might find NJCEDV's advocacy helpful.

     

    Best,

    Deanna

     

    Deanna Dyer, Esq. | Staff Attorney
    NJ Coalition to End Domestic Violence

    1670 Whitehorse-Hamilton Square Rd
    Trenton, NJ  08690-3541

    Phone: 
    Fax:

    609.584.8107 x 413 
    609.584.9750

     

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  • 5.  RE: DV system being abused / any way to transfer from NC?

    Posted 10-04-2017 10:53 PM

    Thanks for the suggestions. How about this -- she files a DV TRO up here, asserting that the abuse of the DV act is an act of harassment? There's significant history up here of her dismissing past DV TRO's against this guy, based on actual, physical violence.


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    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




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