Is Domestic Violence a Federal Offense?
We’ve all heard the saying, “Don’t make a federal case out of it.” It’s meant to imply a substantial overreaction or hyperbolic assessment of a problem. In the south, we might say, “Don’t make such a fuss.” But is it really fair regarding “DV” charges in Charlotte? Is domestic violence a federal offense?
Should it be?
Federal Court and federal criminal charges are serious stuff. People can serve long, long prison sentences if indicted and found guilty of violations of serious federal, criminal laws.
Given the possible consequences of DV, is it appropriate to “federalize” what has for decades been handled in state court?
Criminal charges like an assault on a female, communicating threats, injury to personal property, and felony assault by strangulation are traditionally considered to be violations of the NC criminal laws.
Should that be it?
Is it an overreaction to criminally prosecute someone in both state and federal court? Does that violate the Constitution or the precept of Double Jeopardy?
Is there a difference/more serious when the relationship involves a husband, wife, boyfriend, girlfriend, or other domestic relationship?
If so, when should it be a federal offense?
Domestic Violence in Charlotte already is somewhat complicated, given the possibility of a both criminal charges and a related DVPO (restraining order) based the same allegations. That’s true whether you’re a victim or the alleged offender. It helps to receive sound legal advice irrespective of where you stand in the courtroom – Bill Powers, Charlotte Lawyer
Recent media accounts suggest Domestic Violence in Charlotte may result in the feds taking a look. While most criminal charges in Charlotte will remain within the state court system, that’s true for state felony or misdemeanor charges, there are instances where the United Government might involve itself, seeking an indictment.
At least in Charlotte, the United States Attorney for the Western District of North Carolina, Andrew Murray, seems interested in pursuing federal criminal charges in certain circumstances.
Those seem likely to be related to weapons offenses, cyberstalking, and instances of gross misconduct.
One would be remiss in failing to note that US Attorney Murray is the former elected District Attorney for the 26th Judicial District state court system (prosecutor for crimes in Charlotte-Mecklenburg) and as such, has intimate knowledge of both the strengths and weaknesses of the state court criminal justice system.
Domestic Violence Charges in North Carolina
The term “domestic violence” does not specifically refer to a certain type of charge as much as it is intended to cover some very common criminal charges that also involve a special relationship between the alleged victim and the accused.
Criminal defense lawyers sometimes view DV charges a bit differently from divorce lawyers. They tend to focus on the elements of offenses like assault, assault and battery, etc. The distinguishing factor is criminal charge involves a ‘domestic relationship’ – Bill Powers
There are special rules about bond/bail involving DV charges in North Carolina.
The DA’s Office in Charlotte has a special team of experienced prosecutors who focus on DV charges.
Related Legal Issues Involving Domestic Violence / Federal Offense
- Domestic Violence
- Domestic Violence Protective Orders in North Carolina
- Restraining Order
- Complaint for Domestic Violence Protective Orders – Filing and Pleadings
- DVPO Violation
Charlotte Divorce Lawyers – Domestic Violence – Bill Powers
Our law firm helps people on both sides of the courtroom. That means we represent both victims of domestic violence and those who may have been accused of acts of domestic violence.
Obviously, we don’t do that at the same time.
Legal representation is limited to one party in a dispute.
That’s one reason we conduct a conflict check before going into great detail into a case.
Our law firm is dedicated to helping people understand what has become, we believe, an extraordinarily complicated area of law. Understanding both sides to a dispute, and the procedural aspects of representation irrespective of the litigant, is an important aspect of any case – Bill Powers, Divorce Lawyer in Charlotte
We think it’s a good idea to take a holistic approach to analyze a case. Allegations of DV are as wide and varied as the parties and their individual relationships.
Learn More
Calculating Child Support – Self Employed – Little v. Little
Little v. Little is an unpublished family law decision by the NC Court of Appeals. In part, the opinion is helpful to attorneys in understanding the process/logic of calculating child support, especially for parents who are self employed.
As an unpublished decision, “Abigail B. Little v. Everett D. Little” (the formal caption of the lawsuit/opinion) does not carry precedential value. It is not binding legal authority in family court.
The matter stems from a family court dispute in Union County, North Carolina and the ruling of the Monroe District Court Judge. The defendant in the case, Mr. Little, appeals from a court order regarding a motion to modify child support.
The defendant argues the Court made an error in calculating income, as a self employed person, and therefore used the incorrect financial figures in calculating a child support obligation. One would be remiss in failing to note that child support in North Carolina is subject to the Child Support Guidelines.
The materials provided by Charlotte divorce lawyer Bill Powers are intended as a reference source for family law attorneys, paralegals, legal assistants. There is instructional value in reviewing the processes by which child support is calculated in determining whether a modification of child support is merited.
Legal professionals know to read and download the original opinion Little v. Little.
IN THE COURT OF APPEALS OF NORTH CAROLINA No.
COA19-212 Filed: 1 October 2019 Union County, No. 09-CVD-1926
ABIGAIL B. LITTLE (now ABIGAIL L. COBLE), Plaintiff, v. EVERETTE D. LITTLE, Defendant.
Appeal by defendant from order entered 6 December 2018 by Judge Joseph J. Williams in Union County District Court.
Heard in the Court of Appeals 4 September 2019. No brief filed on behalf of plaintiff-appellee. Christopher A. Gray for defendant-appellant. BERGER, Judge. Everette D. Little (“Defendant”) appeals from an order that modified his child support obligation. On appeal, Defendant contends that the trial court erroneously calculated his income for purposes of determining his child support obligation. We disagree. Factual and Procedural Background
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Defendant and Abigail L. Coble (“Plaintiff”) were married in August 1999 and separated in May 2008. There were two children born of the marriage. On February 27, 2009, Plaintiff and Defendant entered into a separation agreement that addressed claims for equitable distribution, spousal support, child custody, and child support. Pursuant to the terms of the separation agreement, Defendant was required to pay $900.00 per month in child support for the parties’ minor children. The separation agreement was incorporated into the parties’ divorce judgment on July 23, 2009. On October 16, 2015, Plaintiff filed a motion to modify child support. After a hearing was held, the trial court entered an Order Granting Plaintiff’s Motion to Modify Child Support on December 6, 2018, in which the trial court ordered Defendant to pay $1,681.00 per month in child support. It is from this Order that Defendant appeals. Analysis Defendant contends that the trial court erroneously calculated his income for purposes of determining his child support obligation. We disagree. “Child support orders entered by a trial court are accorded substantial deference by appellate courts and our review is limited to a determination of whether there was a clear abuse of discretion.” Head v. Mosier, 197 N.C. App. 328, 333, 677 S.E.2d 191, 195 (2009) (citation and quotation marks omitted). “To support a reversal, an appellant must show that the trial court’s actions were manifestly
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unsupported by reason.” Id. (internal citation and quotation marks omitted). “If different inferences may be drawn from the evidence, [the judge sitting without a jury] determines which inferences shall be drawn …, and the findings are binding on the appellate court.” Cauble v. Cauble, 133 N.C. App. 390, 395-96, 515 S.E.2d 708, 712 (1999) (alterations in original) (internal citation and quotation marks omitted). Modification of a child support order requires a two-step process. N.C. Gen. Stat. § 50-13.7 (2017). “First, a court must determine whether there has been a substantial change in circumstances since the date the existing child support order was entered.” Head, 197 N.C. App. at 333, 677 S.E.2d at 195. “Once a substantial change in circumstances has been shown by the party seeking modification, the trial court then proceeds to follow the Guidelines and to compute the appropriate amount of child support.” Id. at 334, 677 S.E.2d at 196 (internal citation and quotation marks omitted). Pursuant to the North Carolina Child Support Guidelines, child support calculations are “based on the parents’ current incomes at the time the order is entered.” Form AOC–A–162, Rev. 8/15. The Guidelines define “income” as: a parent’s actual gross income from any source, including but not limited to income from employment or selfemployment (salaries, wages, commissions, bonuses, dividends, severance pay, etc.), ownership or operation of a business, partnership, or corporation . . . . Except as otherwise provided, income does not include the income of a person who is not a parent of a child for whom
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support is being determined, regardless of whether that person is married to or lives with the child’s parent or has physical custody of the child. Form AOC–A–162, Rev. 8/15. With regard to a parent’s income from self-employment or operation of a business, the Guidelines provide, in pertinent part, Gross income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, is defined as gross receipts minus ordinary and necessary expenses required for self-employment or business operation. . . . Expense reimbursements or in-kind payments (for example, use of a company car, free housing, or reimbursed meals) received by a parent in the course of employment, or operation of a business are counted as income if they are significant and reduce personal living expenses. AOC–A–162, Rev. 8/15 (emphasis added). Specifically excluded from “ordinary and necessary expenses” are those “determined by the court to be inappropriate for determining gross income” for purposes of calculating child support. AOC–A–162, Rev. 8/15. Moreover, “income and expenses from self-employment or operation of a business should be carefully reviewed to determine an appropriate level of gross income available to the parent to satisfy a child support obligation.” AOC–A–162, Rev. 8/15 (emphasis added).
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In the present case, Defendant’s sole argument on appeal1 is that the trial court should not have factored his current wife’s income of $34,656.00 when it calculated Defendant’s income in finding of fact 14, which states: Defendant is presently self-employed and earns a gross monthly income of approximately $13,345.00. In calculating Defendant’s income, the Court looked to Defendant’s 2017 Amended Individual Income Tax Return. The Court took the income amount listed as “Farm Income” on line 18, and added back the following deductions to Defendant’s income: $18,300.00 in charitable deductions; $6,600.00 for Defendant’s other child’s school expenses; $8,650.00 for insurance deductions; and $34,656.00 for Defendant’s current wife’s income, for a total of $175,249.00. The Court specifically finds that it is not appropriate to consider losses carried forward from prior years. As to Defendant’s current wife’s income, the Court specifically finds that her involvement in the business is not enough to justify her salary as she simply keeps up with accounting, but Defendant does the work. Further, the Court finds that Defendant’s contention that he pays employees more than he earns is disingenuous. The Court did apply a deduction of $15,125.00 for Defendant’s selfemployment expenses. At the hearing, Defendant’s current wife affirmed that she is “basically the office manager for L&L Farms” and that her employee status had remained the same 1 We note that Defendant’s brief is not in compliance with Rule 28 of our Rules of Appellate Procedure, which requires the “body of the argument” to “contain citations of the authorities upon which the appellant relies.” N.C.R. App. P. 28(b)(6). Defendant merely provides citations to the applicable standard of review, but does not offer any authority to support his sole argument on appeal. “Our Supreme Court has held Rule 28(b) to be a nonjurisdictional rule.” Lipscomb v. Mayflower Vehicle Sys., 213 N.C. App. 440, 447, 716 S.E.2d 345, 350 (2011). Thus, we will not dismiss Defendant’s appeal because “[n]oncompliance with rules of this nature, while perhaps indicative of inartful appellate advocacy, does not ordinarily give rise to the harms associated with review of unpreserved issues or lack of jurisdiction.” Id. (citation and quotation marks omitted).
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since at least November 2017. When asked how she is paid, she testified that neither Defendant nor she “really draw a paycheck. We just pay our bills.” When asked how she paid for the bills for the business and for the house, she testified she had a personal account that she uses for personal expenses and that the majority of bills are paid out of the business account. In addition, she stated her personal account consists only of child support checks she receives every month from her former spouse. She further testified that as the office manager she made $2,888.58 a month, about one thousand dollars more than what Defendant reported to make in his 2017 amended income tax return, which was amended a couple weeks before the hearing on Plaintiff’s motion to modify child support. Based on the evidence and testimony at the hearing, it is apparent that the trial court did not deem the $34,656.00 paid to Defendant’s current wife to be an “ordinary and necessary” business expense, and specifically found in finding 14 that “her involvement in the business [was] not enough to justify her salary as she simply keeps up with accounting, but Defendant does the work” and “that Defendant’s contention that he pays employees more than he earns is disingenuous.” See Cauble, 133 N.C. App. at 399, 515 S.E.2d at 714 (emphasizing that the determination of what is an ordinary and necessary expense is in the trial court’s discretion and will not be disturbed on appeal if its findings specifically show that its decision to disallow the deduction of the business expense in calculating income was not manifestly
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unsupported by reason). These findings demonstrate that the trial court’s decision to include $34,656.00 in Defendant’s income was not manifestly unsupported by reason. “Because the Guidelines vest the trial court with the discretion to disallow the deduction of any business expenses which are inappropriate for the purposes of calculating child support, . . . the trial court’s decision in the instant case to disallow the claimed expense[ ] must be upheld[.]” Kennedy v. Kennedy, 107 N.C. App. 695, 700, 421 S.E.2d 795, 798 (1992) (citation omitted). Accordingly, the trial court did not abuse its discretion.
AFFIRMED.
Judge MURPHY concurs. Judge INMAN concurs in result only. Report per Rule 30(e).