Stalking Laws in North Carolina

stalking-felony-misdemeanors-crimes--harassment-nc-laws-lawyers-attorneys-restraining-orders-court-arrest

Stalking is a crime that is taken seriously in North Carolina. If you have been charged with this criminal offense, you will need the help of a skilled lawyer to help put together a strong defense. Facing charges like these can be scary and disorienting. They have the ability to derail your future, and they can mar your reputation for years to come. In North Carolina, stalking is a class A1 misdemeanor, which places it in the same category as assault inflicting serious injury and assault with a deadly weapon. If you already have a stalking conviction on your record, subsequent stalking charges are a class F felony, which can come with steep fines and jail time upon conviction, not to mention the impact they will have on your social relationships, financial future, career, and housing prospects. If you are facing criminal charges for stalking, contact a Charlotte criminal defense lawyer.

Stalking is a Violent Crime, Even When it Does Not Involve Physical Contact. North Carolina law defines stalking as following, observing, monitoring, or communicating with a person while aware that your doing so will cause them emotional distress. Stalking can include repeated incidents of harassment and intimidating behavior, even if they do not include overt threats of physical harm. Stalking often occurs in the context of domestic violence; in most criminal cases involving stalking, the defendant is the estranged spouse or former romantic partner of the victim. Therefore, the law treats stalking as an early stage of domestic violence and imposes penalties accordingly.

What kinds of communications counts as stalking? You have probably seen scary movies where a stalker physically follows a victim or figures out where a victim will be in order to plan an attack. Today, there are so many ways to stay in contact, and it is easy to imagine how all of them can turn ugly. Just as schoolyard bullies can now continue their bullying on What’s App, and Internet trolls spread ugly rumors on Instagram, Facebook, Twitter, and Tik Tok, stalking can take place through any means of communication.

For example, if you continuously contact your ex in person, or by phone, text message, email, or social media message, you could be charged with stalking. You can even get charged with stalking if you are not the one who placed the phone call, sent the text message, or posted the images on Facebook. If you instruct a third party to communicate to or about the victim in order to cause the victim to feel fear or distress, this is enough to result in stalking charges, and those charges can land you in jail.

Rules For Co-Parenting

sharing-child-custody-two-homes-rules-support-divorce-lawyer-attorneys-charlotte

Creating rules for two homes after a divorce

North Carolina parents who are going through a divorce will have to figure out a co-parenting agreement. One of the challenges families face is dealing with two different sets of house rules. While this may not seem like a big deal, having different standards in each home can be confusing for children.

After a divorce, children need order and constancy. A unified set of rules for both houses can help accomplish this. One parent might be more stern in some instances, but it is better to have the same rules in both houses anyway. Otherwise, it may be more difficult for children to adjust when they are allowed leeway in one household but not the other.

If parents are having trouble agreeing on bedtimes, chores, proper manners and more, a parenting class or mediation might be necessary. Parenting workshops teach parents to compromise, offer child rearing norms and provide examples to demonstrate the importance of a cohesive set of rules. A mediator also helps parents reach a compromise by facilitating communication and trying to help parents reach a solution that benefits all parties.

Parents may wish to make a list of rules they want to enforce and then divide the items according to how flexible one can be about each rule. There may be some rules one feels strongly about, such as no texting at the dinner table or no violent video games. To get the rules one wants the most, this person should give the other parent something they want in return. Both parents must recognize that neither one will have complete control in crafting the rules.

While it can be hard to deal with an ex, parents must set aside differences for the good of the children. This is typically necessary when making a child custody arrangement. Children usually benefit from a relationship with both parents, so joint custody might be the best option.

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

What To Do In A Child Custody Hearing

child-cusotdy-visitation-rights-alimony-support-divorce-domestic-violence-lawyers-attorneys-charlotte-nc-mecklenburg-hearing-preparing

Parents in North Carolina who are going through a divorce might want to consider whether they can compromise on joint custody instead of each of them fighting for full custody. However, if they cannot agree, then the decision might be made by a judge following a custody hearing. If this happens, the parent should prepare for the hearing by researching custody law.

The judge will make a child custody ruling after determining what is in the child’s best interests. A number of elements might influence this, and a parent should be willing to compromise with the other parent. They should also dress neatly and behave appropriately during the custody hearing. A parent can bring documentation that helps their case.

Once the court has made a decision, the other parent should make an effort to remain in their child’s life. It is believed that children benefit from time with both parents, and the parent may be granted a good amount of visitation time. Parents might also want to create a parenting agreement.

The parent who does not get custody may be required to pay child support to the custodial parent as well. This is usually determined based on income along with other factors, such as how much the parent pays for the child’s healthcare. Parents might want to talk about other expenses as well in order to include an agreement in the parenting plan about which parent will pay for tutoring or extracurricular activities. If a parent needs a modification in custody or support, they may wish to seek the assistance of an attorney as a judge will generally expect a good reason for making changes to either of these. For example, there might be a change in custody if one parent has a significant change in lifestyle that means they can no longer care for the child.

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Shared Parenting Means Shared Photos

child-custody-visitation-rights-alimony-support-divorce-domestic-violence-lawyers-attorneys-charlotte-nc-mecklenburg-coparenting

Family law

Shared parenting means shared photographs for these parents

A child of divorce herself, Victoria B. had very few photographs of her childhood at all, let alone pictures that included both of her parents. After her own divorce, she was determined not to let that happen to her son Bruce.

So, when she was scheduling a family photography session a couple of years ago, she decided to give her ex-husband a call. He agreed to participate, and he came along again last year. They believe it sends the message that, while they may not be together anymore, they are still “loving their son together.”

“We go above and beyond to include one another because we are not simply ex-husband and ex-wife ― we are parents to Bruce, first, foremost, and most importantly,” Victoria told The Huffington Post. “We hope that Bruce learns that you can still have someone in your life, even if they aren’t romantic any more, and especially if they are the parent of your child.”

It hasn’t been easy. Both Victoria and her ex-husband Adam have entered new relationships since the divorce — and they no longer live in the same state. Bruce is spending long periods with each parent — with the corresponding long periods alone for the other parent. However, the pair took time during their divorce to think about how best to co-parent their child.

Furthermore, they made extra effort even when times were at their most stressful — just before the divorce was finalized. They agreed on the importance of spending holidays and birthdays together, at least for a few hours. Living so far apart now, that isn’t possible anymore, which makes the shared family photograph even more important.

“Adam and I are not perfect co-parents, but we made a deal when we got divorced, to put our son first and to value the richness that we each bring to his life, for different reasons,” says Victoria. “So yes, we still have a family portrait taken, and I still pay good money to have the images printed, framed, and placed in our son’s bedroom; he may not grow up with parents who live in the same house… but he will grow up to see respect, kindness, empathy, compassion, perseverance, flexibility, and even sacrifice being modeled by both of his parents and he will know it is possible to fall out of love but never fall apart.”

One thing that helps them keep on track is to put their relationships with Bruce first, instead of focusing on the hurt feelings or misunderstandings that crop up in any co-parenting relationship. It’s just as important to teach Bruce how to move on with grace as it is to see the parental relationship valued.

An annual, joint family photo may be something you and your ex could do to support your children. Do you have it in you to spend at least some time together on important holidays and birthdays? For example, could you continue with the tradition of spending the night in one house on Christmas Eve and waking up together in the morning to see what Santa has brought?

That kind of cooperation may be challenging, especially once you and your ex are in new relationships. However, sitting down with your ex — as partners — on a regular basis promote communication and help you remember to honor your parental role.

Also, remember that Victoria and Adam kept their intentions clear from the time of the divorce process. The right attorney can help you clarify your own goals and intentions so that your divorce doesn’t become a battleground.

Life is short. Do you really want to be in permanent conflict with your ex? Consider Victoria and Adam’s idea and see if there’s a tradition you could both support. What ideas can you think of?

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Definitions Of Child Custody & Visitation

child-custody-visitation-rights-alimony-support-divorce-domestic-violence-lawyers-attorneys-charlotte-nc-mecklenburg

A divorced Charlotte parent might have visitation or custody rights. If the parent has visitation rights, this means the parent has the right to spend time with the child, but the child does not live with the parent. The child lives with the parent who has physical custody rights.

Physical custody, dealing with the child’s primary residence, is only one type of custody. Legal custody is the type. A parent who does not have physical custody might still share legal custody with the other parent. Parents with legal custody have the right to make decisions about important elements of a child’s life including religion, education and health care.

If physical custody is shared, then both parents have a significant amount of time with the child. However, this could also be the case in some situations where a parent has visitation and the other has physical custody rights. There are many different types of arrangements that might suit parents and their children.

The most important thing parents should keep in mind is that they should make decisions that are in the best interests of the child. Parents can negotiate an agreement for a child custody and visitation schedule. This may be a difficult process, but their attorneys can assist them in these negotiations. Parents can also create a parenting agreement that addresses such issues as bed times and who is responsible for which extracurricular activities. In a high-conflict situation, parents might agree to communicate only by email or text and only on the subject of the child or even through their attorneys. If they are unable to reach an agreement, they can turn to mediation or go to court and have a judge make a decision.

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Tractor Trailer Accidents in North Carolina

tractor-trailer-injuries-death-payment-claims-hearings-personal-injury-workers-comp-lawyers-attorneys-charlotte-north-carolina-pain

Personal injury

Tractor Trailer Accidents in North Carolina

Truck driving is one of the most under-appreciated professions. All those big trucks you see on the highway during road trips or during your commute to work are transporting food and other necessary supplies either to your local community or to somewhere beyond North Carolina. You can get an idea of how much skill it takes to drive a commercial truck successfully just by reading the North Carolina commercial drivers’ license requirements or the Department of Transportation website. For a more detailed look at all of the long-term planning and in-the-moment decision making that goes into a truck driver’s day, read Finn Murphy’s memoir about his years driving an 18-wheeler. When everything goes well, commercial trucks and their drivers deserve credit for many of the everyday comforts that you usually take for granted. When a truck driver makes a minor mistake, though, it can cause a huge accident in which dozens of people get injured and multiple vehicles are totaled. If you have been injured in a traffic accident involving a commercial truck, contact a Charlotte personal injury lawyer.

What Do You Have to Prove in a Tractor Trailer Accident Lawsuit?

If you get injured in a traffic accident involving a tractor trailer, you have the right to file a personal injury lawsuit. In order to win your case, you must prove the following things:

  • The truck driver had a legal duty not to cause an accident.
  • The driver did something irresponsible to cause the accident, such as failing to apply the brakes on time, distracted driving, or failing to keep the truck in a safe condition.
  • Because of the truck driver’s mistake, you sustained injuries.
  • Because of your injuries, you suffered financial losses, including but not limited to medical bills.

The standard of proof in personal injury lawsuits is lower than it is in criminal cases. To win a truck accident lawsuit, you must only show a preponderance of the evidence for your claims. This means that you must show that it is more likely than not that your claims are correct.

Who is Legally Responsible for a Tractor Trailer Accident?

Most commercial trucks belong to large companies, such as delivery companies like Amazon or FedEx or to supermarket chains. Others belong to companies that are simply in the business of transporting freight to more medium-sized businesses. In some cases, though, the driver owns the truck. The owner of the vehicle that caused the accident, whether it is a person or a company, is legally responsible for damage caused by the vehicle. Most companies have commercial liability policies with very high limits, which means that the chances are good of recovering enough compensation to cover your accident-related financial losses without going to court.

A truck accident lawyer can help you seek damages if you suffered financial losses because of a tractor trailer accident. Contact Plumides, Romano & Johnson, PC in Charlotte, North Carolina to discuss your case.

North Carolina Medical Malpractice Basics

medical-practice-actions-fell-below-standard-law-suit-negligence-causation-personal-injury-lawyers-attorneys-charlotte-pain-surgery

Healthcare is expensive, but your health is priceless. If you have been struggling to pay medical debts for years, you can at least console yourself that the medical treatment that wrecked your finances restored your health, and you are healthy enough to work to support your family and slowly chip away at your debt. What is worse is when medical treatment makes you sicker. Whether a routine medical procedure left you with a permanent disability or whether you recovered from the medical error but it caused you to require more treatment and therefore to incur more bills, you have the right to seek monetary damages if you have suffered medical malpractice. If a preventable medical error has left you with unaffordable medical bills, contact a Charlotte personal injury lawyer.

What is Medical Malpractice?

Medical malpractice is when a doctor makes a preventable error and causes a patient’s health to get worse. The error could be something as egregious as operating on the wrong body part or as subtle as not noticing a detail in the patient’s medical records that would influence the doctor’s decision about which drug to prescribe. If the error by a physician or other healthcare worker (such as a triage nurse who allowed a patient’s health to deteriorate in the emergency room waiting room while the doctors treated other patients) is the direct cause of the patient’s poor health outcome, it is medical malpractice. It is not always medical malpractice when a treatment does not work or when you get sick from a drug side effect.

medical-malpractice-lawsuit-injury-payout-claim-wrongful-death-personal-injury-best-top-lawyers-attorneys-charlotte-north-carolina

How Much Money Can You Win in a North Carolina Medical Malpractice Case?

Medical malpractice is when a doctor makes a preventable error and causes a patient’s health to get worse. The error could be something as egregious as operating on the wrong body part or as subtle as not noticing a detail in the patient’s medical records that would influence the doctor’s decision about which drug to prescribe. If the error by a physician or other healthcare worker (such as a triage nurse who allowed a patient’s health to deteriorate in the emergency room waiting room while the doctors treated other patients) is the direct cause of the patient’s poor health outcome, it is medical malpractice. It is not always medical malpractice when a treatment does not work or when you get sick from a drug side effect.

A medical malpractice lawyer can help you seek damages if you suffered financial losses because of a preventable medical error. Contact Plumides, Romano & Johnson, PC in Charlotte, North Carolina to discuss your case.

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Misunderstood Terms in Criminal Law

criminal-misdemeanors-felonies-charges-arrest-jail-embezzlement-larceny-theft-property-offenses-burglery-lawyers-attorneys-charlotte-nc-mecklenburg-judges

NORTH CAROLINA

Commonly Misunderstood Terms in North Carolina Criminal Law

In the court of public opinion, there are only two kinds of crime, namely violent crime and nonviolent crime, and violent crime is always bad. Even as public support increases for pretrial diversion programs and other ways of reducing mass incarceration, a lot of people will qualify their statements with “only for nonviolent offenses.” Therefore, if you are being accused of assault, domestic violence, or any other crime related to physical violence, you might feel like you have no one on your side. In fact, all defendants in criminal cases, no matter the seriousness of the crime of which they are accused, have legal rights, including the right to representation by a lawyer. If you are facing charges for a violent crime, contact a Charlotte criminal defense attorney.

Assault and Battery are Not Interchangeable

There are a lot of things that most people do not understand about criminal law until they get charged with a crime, including the differences between some closely related offenses. There are many incidents in which a defendant gets charged with assault and also with battery, but the terms “assault” and “battery” are not the same. Assault is any action that causes the victim to feel a reasonable fear of imminent physical harm, such as brandishing your fist in front of the victim’s face. You can be convicted of assault even if you do not make physical contact with the victim. Battery is any hostile touching of another person, such as punching or slapping, whether it causes a visible injury or not.

Murder, Manslaughter, and Homicide

According to North Carolina law, murder and homicide are the same. These terms mean that the defendant intentionally killed the victim; the degrees of homicide depend on how premeditated the killing was. Manslaughter is when the victim died as a result of the defendant’s actions, but the defendant did not intend to kill the victim. It is voluntary manslaughter if the defendant intended to injure the victim but did not think that the victim would die, such as if the defendant and the victim got into a fistfight and the victim died of their injuries. Involuntary manslaughter is if the defendant caused an accident in which the victim suffered fatal injuries.

crimes

Not All Violent Crimes are Felonies

Another common misconception about violent crimes is that they are all felonies. In fact, it is possible to get misdemeanor charges for assault or battery if the victim does not sustain serious injuries. The chances that the prosecutors will treat your assault or battery charges as misdemeanors are greater if the victim was not seriously injured and if there were no weapons involved.

Another common misconception about violent crimes is that they are all felonies. In fact, it is possible to get misdemeanor charges for assault or battery if the victim does not sustain serious injuries. The chances that the prosecutors will treat your assault or battery charges as misdemeanors are greater if the victim was not seriously injured and if there were no weapons involved.