QUESTION
Is oppression and financial abuse domestic violence?
Asked on Feb 19th, 2015 on Child Custody - North Carolina
More details to this question:
My husband had abandoned his family and then a year later he goes and petitions for custody purposely using my maiden name I haven’t used since 12 years and false return and used excuse my wife won’t let me see our children and he obtained temporary custody and picked them up from school and took off with them. When I looked at the copy of the petition I had noticed he committed perjury on his financial statement and off by $20,000 and he perjured on the status of minor children to hide he left once before.I want to file police report and what can he be charged for filing a petition under a false name to obtain my children?For each statements he sworn to that he lied on can he be charged for perjury on each count?
1 ANSWER
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It sounds more like you have an emergency custody action. File for emergency custody citing the fact that he has taken the children and fled the jurisdiction with them. Ask the Judge to authorize law enforcement to enforce any emergency order. Then you can get the police involved. Up until that point, it is a civil matter and law enforcement is likely to refuse to get involved unless there is a crime being committed. Oppression and financial abuse have no real legal definition. They are not covered by the domestic violence statutes. The DV statutes require that you be in fear of the Defendant AND (1) an assault causing bodily injury (2) OR a threat of imminent serious bodily injury (3) OR harassment that rises to the level of causing substantial emotional distress.
Answered on Feb 20th, 2015 at 10:14 AM