Updated 10/2/2019
What are the elements of Alienation of Affection?
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Under NCGS 50-16.9(b) cohabitation requires
The theory behind a medical exception to the hearsay rule is that anyone seeking medical treatment has an incentive to be truthful and hence those statements should be trusted. This exception to the hearsay rule is often used in the case of young children in the context of custody cases or criminal cases where the child is too scared or nervous to testify.
In the custody case of Williams vs. Williams 91 NCApp 469, 372 SE2d 310 (1988) the North Carolina Court of Appeals upheld the use of statements made for medical diagnosis and treatment because of their inherent reliability with the caveat that statements made to a physician in preparation for trial are less reliable and hence are inadmissible hearsay. In other family court custody cases this could potentially allow a therapist or counselor to testify that a young child was too anxious or scared to visit a parent because the child was exposed to mental or emotional abuse in their care. Updated 4/14/2023
Updated 6/28/2023
A typical 50B is taken out against a spouse or boyfriend whereas a typical 50C is taken out against a neighbor or co-worker. Another important distinction is that violation of a 50C does not subject a defendant to immediate arrest like a 50B. That being said violation can lead to a finding of contempt of Court that may eventually result in incarceration.
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