Legal Question in Criminal Law in North Carolina

My Assault Case was Dismissed

Back On April the 18th my wife took out a warrant against me for assault on a female. This is the 2nd time she has done this.I did not spend 48 hours in jail and I appeared in court on time on the date given. She did not show up and the judge dismissed the case. Now friends of mine are saying that she has reopened this warrant and the cops are looking for me again. I have not seen her in around three weeks. She also has a restraining order against me and i have a 4 month old son that is involved. Will I have to serve 48 hours even though the case was dismissed and if so what should I do about my son? If she takes him she will leave with him and if I go to jail I dont know what to do. I did not do what I am being accused of. Is there some way I can stop all this nonsense?


Asked on 4/29/04, 11:02 am

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: My Assault Case was Dismissed

Bu dismissal, the court likely dismissed the AOF without prejudice, which means your wife can likely reopen the matter. Since you have already been served and did not spend the 48 hour cooling off time, it is unliekly you will be required to do so now. The restraining order is likely good for a limited time with out extension by a court. You should be notified about a court date to seek to have the order removed. If the AOF is reopened, you will have to go to court to fight it. However, if the judge dismissed the AOF with prejudice, it cannot be reopened and the only matter left to settle is the restraining order.These issues can be tricky and are often on-going and legal advice is imperative.I may have an alternative solution to retaining an attorney at this point in time. If you or she would like more information, please e-mail me and I will send it out to you.

Either way, I wish you good luck.

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Answered on 4/29/04, 2:16 pm


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