Jeromy Edwards
New Member
- Jurisdiction
- North Carolina
Not much detail is needed for my question....due to false allegations, I am facing criminal charges. I was charged on Dec 10th, and turned myself in through my attorney on Dec 14th. I was released to pre-trial the following day after my initial hearing etc. DSS is invovled. Their involvement began on Nov 13th. My fiance (through advice from counsel, after DSS still had not filed a petition after 40 days, petitioned for and was awarded an ex parte emergency custody order, as DSS would not return her daughter to her. The TSP and DSS denied the order, then later that evening DSS filed their petition WHILE in contempt of my fiances order (as well as a New York State custody order she has, which DSS ALSO chose to ignore). I actually have three questions:
1) Isn't there something that can be done about the fact that DSS filed a petition (signed by a magistrate after hours, when no "emergency" was present, as DSS already had the child where they wanted, at the TSP's since Nov 15th? And as mentioned, they were already in contempt of my fiances ex parte order signed by a District Family Court Judge that day...AND her New York order...
2) Is there something that can be done, considering DSS coerced my fiance into signing a "safety agreement," when SHE was not alleged, and they had knowledge of her New York Custody Order? They cannot "modify" an out-of-state custody order with no court order correct? I must also add, that they also restricted her access to her own child, including "supervised visitations" from that day forward.
3) Can DSS conduct a forensic interview, and CME interview, with no court order, while in contempt of my fiances NY order?
4) Finally, can the family (DSS) court, include me in the petition (due to the allegations), and hold an adjudication/trial, where I essentially could be found "guilty/substantiated," BEFORE I go to trial for criminal court? I know it's not considered "double jeopardy," but how is that legal? Especially because it could harm my criminal case if I attempt to defend myself at the family court adjudication, but if the case is found to be adjudicated, then THAT would be used by the DA in my criminal case later....how is that "due process"? That seems like a "catch-22" situation to me....how is that legal? Can they REALLY "get away" with putting me through two separate trials for the same offense?
Thank you
1) Isn't there something that can be done about the fact that DSS filed a petition (signed by a magistrate after hours, when no "emergency" was present, as DSS already had the child where they wanted, at the TSP's since Nov 15th? And as mentioned, they were already in contempt of my fiances ex parte order signed by a District Family Court Judge that day...AND her New York order...
2) Is there something that can be done, considering DSS coerced my fiance into signing a "safety agreement," when SHE was not alleged, and they had knowledge of her New York Custody Order? They cannot "modify" an out-of-state custody order with no court order correct? I must also add, that they also restricted her access to her own child, including "supervised visitations" from that day forward.
3) Can DSS conduct a forensic interview, and CME interview, with no court order, while in contempt of my fiances NY order?
4) Finally, can the family (DSS) court, include me in the petition (due to the allegations), and hold an adjudication/trial, where I essentially could be found "guilty/substantiated," BEFORE I go to trial for criminal court? I know it's not considered "double jeopardy," but how is that legal? Especially because it could harm my criminal case if I attempt to defend myself at the family court adjudication, but if the case is found to be adjudicated, then THAT would be used by the DA in my criminal case later....how is that "due process"? That seems like a "catch-22" situation to me....how is that legal? Can they REALLY "get away" with putting me through two separate trials for the same offense?
Thank you