Interested in knowing the process to getting a restraining order like the one Orlando Scandrick received against Draya Michele?

You may have heard about Orlando Scandrick (cornerback for the Dallas Cowboys) filing for a restraining order against his fiance Draya Michele (Basketball Wives LA star). He accused Draya of, "blasting him with pepper spray and even threatening to pour bleach in his eyes."* He actually obtained a temporary restraining order (likely the 10 day temporary order described below) but did not attend the court date necessary to finalize the restraining order.* If you're wondering how this is possible, the process and differences in North Carolina restraining orders is listed below. 

In NC there are two types of restraining orders:

1. 50B is only for domestic violence and the parties must be:

1. former spouses
2. persons of the opposite sex who lived together
3. parent-child or grandparent-grandchild relationships
4. have a child together
5. once lived together
6. or opposite sex dating relationships

Benefits of a 50B Protective Order

• You can gain a temporary order preventing your abuser from contacting you without a hearing, however, a hearing will be required within 10 days
• The court can order the abuser to stop abusing, threatening, harassing, and contacting you for up to 1 year
• You can gain temporary custody of the children, child support, possession of the residence, household items and even pets
• Any contact in violation of the order results in an arrest and possible jail-time.
• Keep in mind that same-sex couples are not protected under this statute unless they once lived together. 

2. 50C protects parties who do not have a domestic relationship

• This type of restraining order does not allow the police to immediately arrest a person in violation of the order as does a 50B Domestic Violence Protection Order
• If an abuser is in violation of this order, you must file a motion allowing the abuser to give an explanation for the reason for his/her contact

Remember in either instance, the "victim" cannot allow contact in violation of the restraining order because it is a Court Order.

It's always best to speak with an attorney to weigh the possible outcomes of your case. However, if you'd like to know more about these restraining orders check out N.C. Gen. Stat. 50-B and  N.C. Gen. Stat. 50-C. If you have questions about a restraining order, contact me at**: 

Kisala Watkins Law Group, PLLC323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Judge 86's RESTRAINING ORDER In Dom. Violence Case," by TMZ Staff, http://www.tmz.com/2015/07/28/orlando-scandrick-draya-michele-restraining-order. Accessed August 2, 2015.

**Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Can I move with my child with joint/sole custody?

The good news is that the courts cannot limit where you move and what job you accept as an adult (as long as it doesn't violate the law). However, they may limit when and where you move with your children. 

Generally, custody orders for both joint and sole custody include a provision requiring that each parent inform the other about permanent moves. However, most do not account for changes in meeting places for the custody drop-offs as a result of your move. If you can still comply with the original order, you will likely have no issue with moving. Otherwise, you will need to file a Motion to Modify Custody.

In your motion, you must show the Court all of the reasons why this move is in the children's best interest. You must also show that your move will not revoke the other parent's custody rights by making it impossible for them to see their child.

Keep in mind, there will likely be a hearing and your children may need to testify to help the judge determine the best place for them to live. If they are young, they may be taken to the back for an "in-camera testimony" so they are not traumatized by picking a side.

It's always best to resolve these issues through mediation or a consent agreement. However, if you are facing a hearing or have more questions, contact me at:

Nastasia Watkins

323 E. Chapel Hill Street, Suite 203B

Durham, NC 27702

(919)321-6569

Nastasia@kisalawatkins.com

www.KisalaWatkins.com

How long does a court case, trial, or hearing last?

Short answer: Most cases take about one year for completion. 

There are generally a few phases to each civil case but the length of each depends on your attorney's strategy and the opposing side's willingness to cooperate. These phases include:

NEGOTIATION PHASE

Most cases are completed during the negotiation phase in the form of a settlement, mediation or arbitration.

• Settlement: is an informal form of negotiation where a case is usually settled before a lawsuit is filed. Legal fees are usually lower during this phase as there is no risk of a negative ruling  from a judge or jury. 
• Mediation: is generally court ordered in Superior Court (high dollar amount) case. The parties usually sit in separate rooms and the mediator travels between each room to try to reach common ground. If no agreement is reached, the parties move to a bench or jury trial. 
• Arbitration: is court ordered in District Court (low dollar amount) cases. A neutral attorney hears each side's argument and makes a ruling. This ruling becomes a court order if neither side appeals it and you can, therefore, forgo trial.

LITIGATION PHASE
If the negotiation phase does not grant you the relief in which you were expecting, you must file a lawsuit. Once you have filed a lawsuit you have reached the litigation phase which includes:

• Discovery: Each side will ask the other a series of questions to gather more information about the case. Sometimes a settlement is reached once each party sees what they're up against.
• Hearings: Motions are generally filed to keep certain evidence out and to resolve the case without a trial. The court will hear each side's evidence in a "hearing" before ruling on these motions.
• Bench or Jury Trial: A trial is your final opportunity to convince a judge or jury that you were wronged. The length of the trial depends on the number of witnesses each side will question. In my experience, most trials last between 1-3 days. Remember, the final ruling in your trial is binding unless you appeal it to a higher court.

POST-JUDGMENT PHASE
So you've won your trial!! Now, you must find out how to collect the money. In the post-judgment phase, you must search for the losing party's property, assets, and real estate to sell if they do not pay the judgment you've won.

• Execution of Property: While the losing party will be permitted to keep some of their property, the non-exempt property can be seized by the sheriff to satisfy their debt to you.
• Other Post-Judgment Motions: Once you have received an order requiring the losing party to pay you, they may still refuse to pay. You may then file a Motion to Show Cause and Motion for Contempt where they face jail time and fines if there is no valid reason why they have failed to pay.

If you have questions about your settlement, trial, or executing a judgment, contact me at (919)321-6569, Nastasia@KisalaWatkins.com or www.KisalaWatkins.com.

I can't pay child support, what do I do?

In NC, like most states, each parent has an equal duty to support their child. So, child support payments are calculated based on the income of both parents. The payments are then made to the person who has custody of the child the majority of the time.

To change the amount of child support based on a change in income, you must show the court that there is a "substantial change in circumstances." You must file a Motion to Modify Child Support showing that you are not willfully suppressing your income to avoid child support and that, based on the NC Child Support Guidelines, your payments should decrease. There are several factors that can assist in a modification of child support, including:

1. Change of income by either party
2. Financial responsibility to other children 
3. Cost of Health, Education and Maintenance of the child 
4. Any other permanent and substantial change 

Keep in mind that a modification of child support is only retroactive back to the date that the motion was served on the other parent. So file your motion to modify as soon as you are no longer able to pay the support amount as the original amount will otherwise continue to accrue. To calculate your potential child support payment go to the NC Child Support Agency website and enter the information requested.

If you have questions, contact me at 919-321-6569, Nastasia@KisalaWatkins.com; www.KisalaWatkins.com.

What if a court order is broken, ignored, or not followed?

What is a court order?

1. A court order is a document signed by a judge, magistrate or clerk of court
2. Binding the parties of the action (plaintiff and defendant)
3. Requiring that they do something or stop doing something

Examples of court orders include custody, child support, divorce, and restraining orders. 

What happens if one side does not follow the court order?

1. You must file a "Motion to Show Cause" asking the other side to show the court why the court order was broken.
2. The other side must either show that he/she has in fact complied with the order or show why they could not comply with the order.
3. If they cannot prove that they complied or give a good reason why they didn't comply, they will be found in Contempt of Court and face fines and/or jail time. 
4. The only way to not comply AND not be found in contempt is to show that your failure to comply was not willful.

Remember that court orders expire and steps must be taken to enforce the judgment within 10 years, otherwise it must be renewed. Restraining Orders must be renewed every year with a showing that you are still in fear of your safety.

For more questions about court orders, contact me at (919) 321-6569, Nastasia@KisalaWatkins.com, www.KisalaWatkins.com.

***Video credit https://www.youtube.com/watch?v=TPE5qcwJqqQ***

What is the difference between Annulment and Divorce?

What is a Divorce?

A divorce ends the bounds of marriage. In NC, you must be separated for 1 year before you can file for divorce (unless your spouse is incompetent). Because the marriage was lawful, you are entitled to a separation of the property purchased/earned during the marriage. If you're spouse engaged in marital misconduct (such as an affair) during the marriage, you may also be entitled to post-separation support and/or alimony.  Before or during filing, you must request post-separation support, alimony and a distribution of the marital property, otherwise, you lose your right to claim it. 

What is an annulment?

An annulment is an order from the court stating that your marriage never existed. This is very different from a divorce which simply ends an existing marriage. An annulment does not give you rights to post-separation support, alimony, or a distribution of the property as does a divorce. A major misconception is that the length of the marriage warrants an annulment, however, in NC this is not a factor.

Which marriages can be annulled?  
Bigamous marriages are void and are deemed to have never existed in NC. 
Upon application to the court, the following marriages can also be annulled:

1. Marriages between 2 people who are closer than 1st cousins (sister and brother)
2. When one party is under the age of 16, unless the woman is pregnant and the child is still alive 
3. Marriage under the false pretense that the woman was pregnant and no child is born within 10 months of separation
4. Permanent sexual impotence of either party

Despite these instances, a marriage that has been followed by the couple living together and the birth of a child cannot be annulled once one of the parties is deceased (unless the marriage is bigamous). 

For more information on annulments and divorces in North Carolina, contact me at (919)321-6569, Nastasia@kisalawatkins.com; www.kisalawatkins.com.

The 5 Stages of the Bar Exam

Every law school student has experienced the stress of your entire grade being determined by your performance on one final exam, fighting with your classmates to be at the top of the class, and eventually accepting that this may have all been done in vain because the promise of big law firm jobs no longer exists. However, nothing can prepare you for the stress that is...dun dun DUNN...The Bar Exam. While everyone's experience is different, here's my experience during the bar exam:

1. Anticipation

I've spent a full month gathering the information for the bar exam application but bar prep doesn't start for a few months. To get a leg up on my classmates, I start reviewing my weak subjects and looking at practice tests and example MBE questions. But Teen Mom is on, Scandal is on DVR and everyone is going out for wings tomorrow (can't miss that). Then the continuous thought of, "I'll start on Monday. Monday is the day!" carries me into May/January (when bar prep actually begins).

2. Boredom

Oh my gosh Becky....how long can this guy talk about friggin Easements!! I'd rather claw out my eyes than listen to these lectures for 3 hours every day. And how am I supposed to concentrate when Facebook, Instagram, TMZ, and Candy Crush are literally calling out to me like an addiction. I'm gonna b.s. for 30 minutes and then get back to Landlord/Tenant rights...I promise. 

3. Despair

It's the end of my first month of bar prep and I have taken 2 practice MBE exams and I've done at least 20 essays and I continue to fail! I don't know any of this stuff! Why did they even let me graduate? I wonder if the board of law examiners will give me my money back so I can just cut my losses. I'd rather be at the beach anyway.

4. Panic

What in the holy %@$?!!! It's July 1st/February 1st and I don't know a single thing. Everyone else claims to have completed most of their review course and I don't even know the difference between Article 2 and Article 9 of the UCC...What does UCC stand for?...Why do I need to know about merchant contracts?...What business owner doesn't get things in writing?!....I need a glass of wine after I lock myself in this office to study for the next month!

5. Acceptance

It's one week before the exam. I've neglected my job, my kids, and my spouse for the past 3 months and I've worked my @$$ off. There's honestly nothing more I can do. Looking at this 3ft. stack of test prep books...NOBODY could possibly know all of this crap but I'm going to do my best. Dear baby Jesus, Allah, Zeus, Prince Harry, Kanye (and whoever else is a god who answers prayers) just let me pass so I don't have to do this again!!

**Just know you're not the only one going through it and you'll make it!! Also know that part of the bar exam is preparation while another part is luck. You're lucky if the examiners happen to ask questions on the subjects you've reviewed. For bar prep, I recommend AmeriBar because they condense the information to testable areas and they don't just give you a stack of books with every single law and advise you to "read it...or else." No matter what course you choose, don't beat yourself for checking Facebook every so often just to stay awake ;)

**Try not to read too many blogs as it'll only scare you and GOOD LUCK!!!**