Hi all-

I am wondering if anyone can tell me the statute of limitations regarding spousal abuse in North Carolina? I have had no luck finding an answer online. Thanks a lot!

In terms of what? Criminal prosecution, divorce, what?

Hello girl:

I think you might misunderstand what the statute of limitations is all about. If you reported it, and a warrant was issued, the warrant NEVER expires.

The statute of limitations runs from the time a crime is reported until somebody is charged. If you reported it, and you're old man was NEVER charged, then the statute continues to run. Depending on the nature of the abuse, (a felony or misdemeanor), it's probably going to run for two to three years - maybe longer.

excon

Hi thanks for the quick responses! I was asking this question with regards to my divorce. I am currently seeking Alimony and I think filing spousal abuse charges will help. Trust me, this is a looooong story with many twists and turns! To sum things up, my ex was charged with spousal abuse several years ago by myself; however, I requested that the charges be dropped at the time (I know, dumb move on my part!). This time around, my ex cornered me and shoved me into the bath tub, which our children witnessed. I did not press charges against him that time; this happened two years ago. I was recently medically discharged from the Army and for the past four years, I supported my ex so he could do nothing but go to college and not have to worry about a job, he got a free ride to Germany from me also when I was stationed there. He just rejoined the Army himself this past February and promptly abandoned me and our children for another female (I have proof of his adultery and fraternization) within six weeks of leaving for training. I would like to recoup at least half of the four years that I supported him. I am already working with his Chain of Command, but they are limited with what they can help me accomplish.

I wouldn't bother filing spousal abuse charges. I don't think you want your ex criminally charged, you just want to get divorced. You can present evidence of abuse as grounds for the divorce.

Yes, I do want him criminally charged. Also, my ex is the one who filed for divorce (through the state of Wyoming) to try and get a 'quickie' divorce as Wyoming's separation period is 60 days versus N. Carolina which is one year and one day (I think his girlfriend is pregnant, plus then I could file for divorce from bed and board in N. Carolina) If he was convicted, he would fall under the Lautenburg amendment with regards to domestic violence and carrying a weapon.

If you forgave him for abusing you by sharing his bed, you forgave the abuse - at least in NYS.

You don't need abuse to get a divorce and I suspect that child support is by statute, also spousal support. Sounds like you may have been the main breadwinner, anyway.

If you want to get him kicked out of the Army, if that will make you feel better, you can certainly do that - someone recently posted the same thing.

Spousal abuse would be a felony and there is no statute of limitations on felonies in NC

Hi there, JudyKayTee-

What is NYS if I may ask? Also, the last time I knew, there was nothing wrong with wanting something in return after I supported my ex for four years and he abandons his family with bull excuses as to why he did it, especially since he now earns more than I did while in the Army and I am left living on $1,400.00 a month for disability while supporting our two children.

NYS=New York State

No one is saying you shouldn't get something in return. But how does bringing him up on criminal charges accomplish that?

I have my reasons for wanting to bring him up on criminal charges. Thank you for the help, ballengerb1

Hello again, girl:

I don't know where you get your law from, but you're mistaken. You will not be rewarded with alimony because he screwed around on you. It don't work that way.

excon

The law websites that I have researched for North Carolina (also what my lawyer has advised me of) state that evidence of spousal abuse, adultery/abandonment ARE valid grounds for awarding Alimony. I am going crazy here right now because my lawyer is on vacation for the next week and I am really wanting to know the statute of limitations on filing charges for spousal abuse. Again, thanks for the info! :)

Take a break and relax, the lawyer will be back in a week and can advise you better. https://www.askmehelpdesk.com/family...55801-new.html Looks like you live where there is no statute at all on felonies.

I would like to see that law - I find that child support and spousal support are based on financial need, not fault, and it specifically says that neither is in place to punish the wrongdoer.

So I need your citation - be aware that the law changed a few years ago.

That is felonies you can prove and assaults you didn't forgive - now that the husband has left I would think a Judge/Court will see this for exactly what it is.

It the event it passes that test spousal abuse can be either a felony OR a misdemeanor. If the Police are called and there is evidence they MUST make an arrest. The Court is then "supposed" to recommend a restraining order and the Court then becomes the charging party and the abused person is "merely" a witness. The abuse website for NC says only the DA can drop the charges - so I don't know what happened in this instance.

And it's all about revenge. Not that there's any problem with revenge other than the Courts see it for what it is.

And here's how this can play out: OP gets husband arrested. Maybe he goes to jail, maybe he doesn't. Maybe he loses his job, maybe he doesn't. But if either jail or jobless occurs, then he has no money to pay support so that whole part of the question becomes moot.

While he's hiring Attorneys, that money comes off the top of his income so there's less to figure into the support equation.

Meanwhile the pregnant girlfriend gets sick of the whole thing and leaves and she goes after "ex" for support for the child. This, of course, is in addition to the support already being paid and if it's ordered before the support for the OP's children, her children become secondary and receive support based on reduced income.

Now he has no income, he's in jail, two women have orders for either no or minimum support - and all of the support questions are moot. But the OP is avenged.

Hopefully the Attorney will be back in Town before this goes any further. I can understand the OP's frustration and upset - I thought the Court should order my "ex" to be drawn and quartered but I guess they don't do that any longer in NYS - but I think she needs to take a deep breath and think this out, particularly in light of her children's financial needs.

Yes, adultry and some other issues may allow a larger settlement and it may allow for custody of the children ( but even that not usually as hookers get custody of kids)

I will hope your attorney has it under control, I have personally never seen adultry be the reason for alimony.

Amazing but I've been looking at this and under the old NC law the way I read it the person requesting spousal support could not be the person filing for divorce OR the offending party.

In this day and age -