Tickle Law Office, PCFindLaw IM Template2024-03-27T11:28:46Zhttps://www.ticklelawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1100590/2019/07/cropped-favicon-i-32x32.pngOn Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485802024-03-27T11:28:46Z2024-03-27T09:35:57ZReasons to waive mediation
A judge can waive the mediation requirement after custody seekers have filed a Motion and Order to Waive Custody Mediation. When the process skips mediation, it proceeds to a trial.
The usual reasons for requesting the waiver are:
Distance concerns: The residence of at least one of the parties is over 50 miles away from the court.
History of substance abuse: There are incidents of abuse involving alcohol or other substances.
Mental health problems: A party has severe psychological or psychiatric issues.
Domestic violence: There is a history of violence or abuse against the other party or their children.
Another valid reason is when the custody seekers decide to hold a private mediation. Although mediations are confidential, a mediator may inform the judge about urgent safety concerns. These include witnessing a crime, hearing harmful threats and discovering unreported abuse.
Limitations of mediation
Before the mediation, the parties must attend an orientation. Then, the mediation will take place under the guidance of a mediator. Unfortunately, the mediator cannot decide for the parties if they continue to disagree.
The mediation can last up to two hours, and the parties may ask for another session. During mediation, they cannot tackle child support because it should only revolve around custody and visitation.
Looking out for your child’s best interests
With or without mediation, the courts will ensure that they will decide based on your child’s best interests. As you go through the custody process, keep in mind that your actions and decisions should reflect the same.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485762024-03-25T23:48:02Z2024-03-25T23:48:02ZKeep separate accounts
Maintain individual bank accounts for any money you bring into the marriage, including personal savings and investments. This offers a reassuring layer of protection should everything fall apart. It also sends the message to your spouse that these resources are not shared marital property.
Document everything
Keep detailed records of financial transactions, especially those concerning assets belonging only to you. Put fiscal statements, property titles and investment records in a safe space or lockbox. A clear paper trail can make all the difference in proving what is yours.
Consider a prenuptial agreement
A prenuptial agreement is a formal document that outlines the separation of assets in the event of a split. Although discussing a prenup might seem unromantic, it is a recommended move that safeguards both parties. This is especially true if you have a sizable financial portfolio, are raising children from a previous relationship or anticipate receiving a significant inheritance.
Use separate funds
Should you plan to invest in property or start a business, consider using funds exclusively in your name. This increases the possibility that you will maintain complete control if the marriage falls apart. Otherwise, you could find yourself sharing ownership of your venture with your ex or needing to sell your home.
Protecting assets before marriage may not be romantic, but it remains wise. Taking the proper steps helps make sure your financial future stays secure no matter what.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485692024-03-15T15:46:14Z2024-03-15T15:40:36ZIt's not unusual for a simple disagreement to escalate into a fight. Sometimes, a fight like this can end peacefully without physical contact. But other times, it becomes hostile and gets physical. When hostility escalates and physical actions are involved, such a fight can border into assault.
In North Carolina, there are consequences for this, as assault is a punishable crime.
Understanding an assault charge
A disagreement can become an assault when someone's actions instill fear in another person. This fear isn't just a vague sense of unease. It's a real worry about physical harm, injury or offensive contact. Under state laws, a person who commits a simple assault or participates in a simple affray is guilty of a class 2 misdemeanor."Affray" means a public fight or disturbance that alarms others. This could include actions like an attempted punch that induces fear of being hit or actual physical contact such as hitting or pushing someone or causing a public ruckus.The law classifies these actions as assault, with potential penalties including fines, community service or even jail time.
Conditions for more severe consequences
The law also specifies situations that make an assault charge more severe. For instance, an assault is a class A1 misdemeanor—a more serious charge—if the assault inflicts serious injury or involves a deadly weapon. Also, if the victim is a female, a child under the age of 12 years or a public official, the individual charged with assault may face harsher penalties. This includes higher fines, longer community service hours or extended jail time.So, a fight can become a serious assault if someone, out of anger or frustration, inflicts serious injury, uses a deadly weapon or assaults a female, a child under 12, or a public official.
Enlisting the help of legal counsel
Acting on impulse to punch someone or instilling fear can have serious consequences. So, anyone facing these charges should consider seeking an attorney. An attorney can protect and represent the individual's rights in court proceedings, providing a crucial support system during a challenging time.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485672024-03-07T16:57:55Z2024-03-07T16:57:55ZReasons for an overweight ticket
The two most common reasons for receiving an overweight ticket are:
Operating a vehicle that exceeds the weight specified on a special permit
Operating a vehicle that exceeds the state’s cargo weight limit
North Carolina issues special permits to allow a vehicle to operate above the allowance, particularly for those instances when loads cannot be split into smaller, lighter portions. However, these special permits also have their own ceilings, and exceeding them may result in a violation.
Penalties for an overweight ticket
North Carolina prohibits driving an overloaded vehicle on highways or public areas. If a vehicle appears to carry more than the legal weight, a police officer may detain it until the excess load is removed. Refusing to comply with a weight check or to remove an overload may result in a misdemeanor charge, punishable by a fine ranging from $100 to $500.
That is not all. Drivers found to be operating without a special permit or those who falsify information to obtain such a permit may face additional financial penalties.
Overweight ticket violations can threaten an operator’s financial stability and career security, as well as their ability to drive. To help safeguard their jobs and licenses, drivers may wish to familiarize themselves with the scenarios that could result in a ticket and the possible ways to respond to a traffic violation.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485612024-02-23T10:07:06Z2024-02-23T10:07:06ZThis scenario can be common in North Carolina, making alimony essential when the dependent spouse refused employment and career opportunities for the family's sake during the marriage. Alimony could be temporary or permanent depending on the situation, often hinging on the case details. The court uses other considerations when determining the alimony's duration, including the following:
Earning capacity of each party
Length of marriage
Employability of the dependent spouse
The couple's lifestyle during the marriage
Assets and liabilities of each party
Each party's physical, mental and emotional welfare
The court may also consider misconduct committed by either party during the marriage. Additionally, some circumstances can end alimony automatically. These scenarios include remarriage or death of either party after the divorce. Sometimes, the alimony details can go through changes if necessary.
Courts rely on facts when creating alimony arrangements
The most appropriate setup can vary from case to case because each family has unique circumstances and needs. By adjusting the arrangement based on case details, the court can cover the entire family's financial necessities, considering their life before and after the divorce.
There is no guarantee that alimony and other forms of support can solve all divorce-related issues. However, these setups can help families transition into post-divorce life and afford basic needs, regardless of complications involving their households.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485592024-02-13T10:43:30Z2024-02-13T10:43:30ZUnderstanding North Carolina’s DWI law
In North Carolina, you can get driving while impaired (DWI) charge by operating a motor vehicle on any highway or public place while intoxicated from alcohol or a controlled substance. Bicycles and electric bikes fall under the state’s definition of a vehicle. The law also specifies that cyclists must follow the same rules as car drivers.
If you are caught biking drunk or while using substances, you may be subject to the penalties of a regular DWI. This includes fines, court fees, community service and even jail time. Though it may seem like a minor offense, this incident can stay on your criminal record.
Dangers of biking while intoxicated
Riding a bike after consuming alcohol or drugs is risky for you and others on the road. Although North Carolina has dedicated bike lanes, your ability to focus and react remains essential. Intoxication can dull the senses, making it difficult to avoid unexpected obstacles such as pedestrians, animals or debris on time.
Additionally, you may not realize when your balance and coordination are off or if you are in swerving in the wrong lane. If your attention is compromised, you could crash into another cyclist or a pedestrian, resulting in injuries to both you and them.
Although bicycles do not pose the same level of danger as motor vehicles, biking while intoxicated can still have serious repercussions. Before hopping on your bike, consider your safety and that of others. Causing an accident could leave you financially responsible for the resulting damage.
The road is already full of hazards even when you are sober. Choosing to indulge in dangerous activities may only increase your risk of harm.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485572024-01-30T11:01:30Z2024-01-30T11:01:30ZWhat’s a drug-related DWI?
According to state rules, a person commits DWI if they operate any vehicle on any state highway or street while under the influence of an impairing substance or while having an alcohol concentration of .08% or more.
The “impairing substance” mentioned can be alcohol, an illegal controlled substance, a prescription medication or even an over-the-counter drug. As long as the substance can cause intoxication or impair a person’s ability to drive a vehicle safely, it can lead to DWI charges.
How is drug impairment measured?
As mentioned earlier, a driver can face charges for driving under the influence of alcohol if their alcohol concentration level is at least .08%. But it’s a lot less straightforward to measure drug-based impairment.
Instead of measuring against a standardized legal limit, law enforcement uses the following methods to decide if a driver is sufficiently impaired by drugs:
Field sobriety tests: These tests can include tasks like walking in a straight line or standing on one leg.
Drug recognition experts (DREs): Specially trained officers who can recognize signs of drug impairment.
Chemical tests: Blood or urine tests can be used to detect the presence of drugs.
The presence of drugs in a driver’s system isn’t enough to prove intoxication, so an officer will have to use a combination of testing methods to decide whether to charge the driver.
The penalties for drugged driving
The penalties for drugged driving in North Carolina are similar to those for driving under the influence of alcohol. They include:
Fines
Jail time
License suspension
Required substance abuse assessment and treatment
The exact amounts for each penalty depend on the number of prior offenses the driver may have. Certain aggravating factors can also enhance penalties, such as drugged driving with a suspended license or with a child passenger under 18.
Navigating a DWI charge, especially when it involves drugs, can be complex. If you’re facing charges, consider seeking legal assistance to understand your rights and explore your defense options.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485552024-01-18T19:26:58Z2024-01-18T19:26:58ZEstablish clear communication channels
Communication challenges led to many of the 989,518 divorces that occurred in 2022. However, open and transparent communication is the cornerstone of successful co-parenting. Therefore, create a consistent method of communication with your ex-partner. Utilize tools like messaging apps or email to keep each other informed about your child's well-being, school updates and any significant events.
Create a unified parenting plan
Work together to establish a unified parenting plan that outlines expectations, routines and responsibilities. This plan should be consistent in both households to provide stability for your child. Having a clear structure can reduce confusion and promote a sense of security.
Be flexible and adaptive
Life is unpredictable, and flexibility is key to successful co-parenting. Be willing to adapt to changes in schedules or unforeseen circumstances. This flexibility fosters cooperation and demonstrates a shared commitment to your child's well-being.
Create a consistent disciplinary approach
Maintain consistency in your approach to discipline. Discuss disciplinary strategies with your co-parent and strive to enforce similar rules in both households. This consistency helps your child understand expectations and fosters a sense of stability.
Celebrate milestones together
Despite the challenges, celebrate your child's milestones as a team. Attend school events, birthdays and other significant moments together. This collaborative approach reinforces your child's sense of family and unity.
Put your child's needs above any personal differences. Ensure that decisions regarding your child's education, health and extracurricular activities are in their best interests. By prioritizing your child, you create a positive and supportive environment for their growth.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485522024-01-17T14:45:22Z2024-01-17T14:45:22ZNorth Carolina custody laws do not prefer one parent over the other. Instead, the judge examines the family’s unique circumstances, weighs relevant factors and decides a custody arrangement that protects the child’s best interests. As a result, custody orders significantly vary. For instance, a parent can have primary physical custody where the child lives with them while the other parent receives supervised visitation.
Supervision becomes necessary if a parent is a risk to the child
Supervised visitation is when the noncustodial parent gets to spend time with their child in the presence of a neutral third party, such as a social worker, who constantly monitors the parent-child interactions. It can happen at a court-approved location, either in the privacy of the parent’s home or a public place, such as a child care center, or a local park or restaurant.
The court orders supervision if it deems that the parent can endanger the child for the following reasons:
Abuse or neglect
Alcohol or drug addiction
Untreated mental health condition
Parental kidnapping or when the parent refuses to return the child to the other parent
Parental alienation or when the parent manipulates or distorts the child’s perception of the other parent
To obtain unsupervised visits, the concerned parent must prove they have resolved the issue that triggered the supervision. The supervisor can help the court validate the parent’s petition to modify the custody order.
Thorough consideration is a must for the child’s safety
While parents want to keep being part of their child’s life, not everyone is in the position to do so due to their complicated situations that can threaten the child’s safety. A legal team can help either parent carefully consider courses of action to secure their interests and their child’s future.]]>On Behalf of Tickle Law Office, PLLChttps://www.ticklelawoffice.com/?p=485502024-01-08T15:22:39Z2024-01-08T15:22:39ZShoplifting as larceny
In North Carolina, shoplifting falls under the general category of larceny. State law defines larceny as the unlawful taking and carrying away of someone else's property with the intent to permanently deprive the owner of its use, which can apply to cases of shoplifting.
Legal consequences
The value of the stolen goods typically determines how severe the accused’s penalties are on conviction:
Stolen goods valued at $1,000 or less: The offense is a Class 1 misdemeanor, punishable by up to 210 days in jail and a court-determined fine.
Stolen goods valued at over $1,000: The offense becomes a Class H felony. The maximum penalty on conviction is three years of prison.
In addition to these criminal penalties, shoplifters may be held civilly liable to the merchant for damages.
Shoplifting in North Carolina is no petty offense. It carries legal and civil penalties that can impact one's life for years. For anyone facing shoplifting charges, it's imperative to understand the gravity of the situation and to consult with a legal professional who can provide tailored legal advice and representation.]]>