There is no stronger feeling than the stomach-sinking uncertainty when your trust is violated. That feeling will not just go away. It’s there for a reason. When two people spend years together you get to know each other very well and when something changes, even so slightly, you know. You feel it.

It’s that gut feeling that helps our service men fighting overseas or our law enforcement that has been on the streets long enough to know “something just isn’t right.” No-one knows that person as well as you do, not even their parents. Your with them all the time and have been for years. And now, for whatever the reason, the openness and communication that is so important to you seems to be gone; it’s been replaced with suspicion and doubt.

Why has he/she started wearing different clothes, changed the cologne/perfume, She’s been sending secretive texts. He’s been working later and later. Is he/she really out with girls/guys? Why is he/she always going out without me? Why is he getting off the phone in mid sentence when I walk into the room, or going outside to talk on the phone when I’m home?

All of a sudden he/she keeps his/her cell phone with them at all times. He/she all of a sudden has a lock on their cell phones. Why does he/she get so mad when I want to talk about or ask is there some-one else and all of a sudden it’s your entire fault. They’ll change the conversation to something totally different and blame it on you.

I can go on and on with example after example. But it only takes one to send your emotions tumbling and then you get that “gut feeling”, that self preservation lifeline that tells you “something just isn’t right”. There’s no turning it off. Once it’s on it’ll continue to eat at you until you can see for yourself that it’s either happening or not. You just HAVE TO KNOW!

DON’T LET LINGERING DOUBT GO UNANSWERED!

Don’t let this “feeling” keep you from what’s important, your family. Find out what’s going on before it’s too late and it consumes you. A “gut feeling” is not always right on the money, but it’s close every time.

Here at CFIS we have someone waiting to talk to you and answer your questions at anytime. It doesn’t cost a thing to ask questions. Knowledge is power. Power that may help you overcome that feeling, or we can come up with a game plan to help you get the answers you need. So always remember;

PEACE OF MIND IS PRICELESS!

TRAFFIC TICKETS

We know that getting your traffic citation handled in a cost effective and expedient manner is important to everyone. When you are charged with a traffic offense, the worst thing you can do in most situations is just pay the ticket. While this may seem like the most cost efficient way to handle a citation, that misconception will quickly be set aside when you receive your next insurance bill after just paying your ticket.

If you get points on your driver’s license, they normally stay for a period of three (3) years and your car insurance premium will increase for that three-year period. That is why hiring an attorney for a speeding ticket at a fee of approximately $150.00, plus paying the court costs may seem excessive at first, especially when the court costs and fine alone reach $263.00. The advantage to hiring an attorney is that your car insurance could go up as much as $300.00 every six (6) months and you will have a total increase of $1,800.00 for that one ticket over the life of the insurance premium increase. You could have avoided that increase by spending less than $500.00 to have it handled properly through an attorney.

A second reason not to pay off a simple traffic ticket is that once you begin acquiring driver’s license points and convictions on your driving record the options that an attorney has for you decrease dramatically.

There have also been several recent updates to the North Carolina Traffic Laws which limit the number and effect you can receive by a reduction of your traffic ticket to an “improper equipment”. For those of you who do not know, an “improper equipment” is a reduction of your charge that is a standard plea negotiation in speeding tickets to reduce the traffic offense to a non-moving violation. This serves to benefit the driver by protecting their car insurance premiums and meets the State and District Attorney’s needs by moving the case off the Docket and obtaining a fine and court costs to place in the State’s coffers.

Until recently, improper equipment convictions were not shown on your driving record. However, following the latest round of Statutory updates, convictions for improper equipment are now listed on your driving record. Their use has also been greatly reduced by Statute.

If you are facing a traffic violation of any kind, it is always better to consult with your Wilmington Traffic Ticket Attorney, Todd E. McCurry, so that you can make an informed choice on how to handle your citation and save money and your driver’s license.

Todd E. McCurry

Attorney at Law

207 ½ Princess Street

Wilmington, NC 28401

910-772-1254

Website: www.toddemccurry.com

Email: lawyertm@bellsouth.net

This article and its contents are for informational purposes only and are not to be construed as legal advice or as creating an attorney-client relationship.

For more information or to contact Attorney Todd McCurry, call 910-772-1254 or email at todd@toddemccurry.com or lawyertm@bellsouth.net.

FOR EVERY WORKER

WHAT TO DO IF HURT OR INJURED ON THE JOB

TODD E. McCURRY,

WORKERS COMPENSATION ATTORNEY

WILMINGTON, NORTH CAROLINA

INTRODUCTION

At one time or another, everyone has either been injured or has known someone who has been injured on-the-job. This bulletin provides concrete steps that one can take to protect themselves, friends, or family members who have been injured in an on-the-job accident.

FACTS OF LIFE

Insurance companies profit and injured workers suffer to the tune of millions of dollars each year because injured workers do not know their rights. Workers rely on the wrong people to give them advice. Most people who have an on-the-job injury rely on their employer or their employer’s personnel department to fill out necessary reports, make sure vital information is saved, and to secure worker’s compensation benefits. Then, to make matters worse, they rely on their employer’s worker’s compensation carrier to give them advice about their rights and benefits. Nothing could be more dangerous. Only slightly less dangerous is listening to your friends, drinking buddies, or neighbors, no matter how well-meaning, for legal advice. The safest source of information is your Wilmington Workers Compensation Attorney, Todd E. McCurry.

When a worker is injured, the employer’s usual concerns are (a) replacing the employee or the lost man-hours; (b) possible litigation; (c) increased employee complaints about safety; (d) possible OSHA inspections or safety violations; (e) the costs on their worker’s compensation insurance; and lastly, if at all, (e) the injured worker. Not every employer views these items in this order, however, most employees would be shocked to find that their well-being, treatment, recovery, and care are significantly further down the list than they ever imagined. The simple truth is that once an employee is injured, they become a liability and an adversary to their employer. Also, once an on-the-job injury occurs, the employer and employee become adversaries in the worker’s compensation process. It is not always in the employer’s best interest to timely file claims, to inform the employee of all their benefits, or to preserve evidence, including witness statements and/or photographs. Relying on your employer to provide worker’s compensation advice is like asking a cat to guard a canary. It is foolhardy.

12 STEPS EVERY INJURED WORKER SHOULD FOLLOW:

1. REPORT THE ACCIDENT IN WRITING TO YOUR EMPLOYER AS SOON AS POSSIBLE. Every accident, no matter how trivial it may seem at the time, should be reported in writing to your immediate supervisor. This should be done right away. The employee should retain a copy of the written report. If there is no report completed or the employee does not get a copy of the report, the employee should write a letter to the employer and maintain a copy for his or her own records. Throughout my years of practice, I have seen numerous cases where the employee says, “Well the employer knew I was hurt because I told them.” or “They saw me get hurt.” Then at a hearing to determine the employee’s benefits, the employer says, “Well the first we heard about this injury was when the employee has his worker’s compensation attorney file this claim against me and nobody at my company knows anything about them ever being hurt and we don’t believe he was hurt on the job, we believe he was hurt somewhere else.”

1. FILE A FORM 18 WITH THE NORTH CAROLINA INDUSTRIAL COMMISSION. Even if your employer fills out paperwork, promises to file it, promises to report the accident to their insurance company, the government and everybody else on the planet, DO NOT be misled. You have the burden to comply with the North Carolina Workers’ Compensation Act. N.C.G.S.§97-1, et seq. The Rules of the North Carolina Industrial Commission provide that a Form 18 shall be filed within thirty (30) days of the date of the accident and in no event later than two (2) years after the date of the accident. If this notice is not filed with the Industrial Commission and given to the employer, you could lose your claim totally. Do you think your employer’s workman compensation insurance company is going to tell you this?

1. GET THE NAMES AND ADDRESSES OF ALL WITNESSES TO YOUR ACCIDENT. Write down the name, address and phone number for every witness as soon as you are able. Also record the names of all who provide care or first aid to any of your injuries. Yes, they may work with you at the current time and your employer may know where to find them, but people disappear, quit jobs, and/or move. You would be surprised how an accident that you thought everybody in your company saw suddenly has no witnesses. You can be sure that your employer will not help you find witnesses.

1. SEEK MEDICAL CARE IMMEDIATELY. If you suspect you have any injuries, be sure to seek medical care immediately. Inform the medical provider how you were injured. Nothing can slow down a claim more than delayed medical care. For example:

Ernie Employee hurts his back at work on Wednesday afternoon. He tries hard, works in pain, and finishes the week. Some time over the weekend Ernie Employee goes to the emergency room and says his back hurts. The doctor examines his back and determines Ernie Employee has what he believes to be a strain. The doctor prescribes him muscle relaxers and takes Ernie out of work. Ernie Employee goes back to the doctor three or four times, and three weeks later tells his doctor that he hurt his back while lifting a motor at Muscle Motors. The insurance company and the employer’s attorney will point out repeatedly that there is no mention of how the accident occurred in Ernie Employee’s medical records until quite a while after the “alleged” date of accident. Furthermore, they will come up with every possible excuse as to how Ernie Employee could have hurt his back, i.e., playing golf on Saturday, changing his oil, cutting his grass, or a previous bad back from when he was in the third grade. Therefore, it is critically important that each and every time you see your doctor, you communicate with him fully, both as to the cause of your injury, pain or symptoms, and the full extent of same. Another common pitfall is failure to tell the emergency room or treating personnel about your injured back when you also have a broken arm. Obviously the broken arm is the most important and painful injury at the time, however, if you do not make a full disclosure of all your injuries, they will come under question later in your workers compensation case.

1. GET A WRITTEN EXCUSE FROM A MEDICAL PROFESSIONAL BEFORE MISSING WORK. North Carolina law clearly provides that it is against the law for an employer to fire an employee who is injured on-the-job or who has to be out of work for any period of time due to an on-the-job injury. However, without a doctor’s excuse, employers routinely get rid of their “problem employees” (read: workers’ compensation claims) when they are hurt and fail to show up for work without a doctor’s excuse. Therefore, if the emergency room or the physician on your initial visit authorizes you to stay out of work, GET IT IN WRITING!! Provide the excuse to your employer before your scheduled time to show up for work. On a related note, if you have been sent back to work and then suffer a relapse and are unable to work, call your doctor, go see your doctor, and get a written note from the doctor. With a written excuse employers and workers compensation insurance adjusters cannot use your absence against you.

1. LIGHT DUTY. If your doctor releases you to return to work with restrictions or to work light duty, be sure your employer, including your shift supervisor, has a written copy of your restrictions. It is your responsibility not to work outside the restrictions the doctor has assigned. Routinely employees injure themselves or do damage to the legitimacy of their case by knuckling under to pressure from their supervisors to “do their job”. The employee often proves the employer’s allegation that they are not hurt by working outside the doctor’s restrictions. Many times this work does permanent damage to the employee’s health and their case. If a written doctor’s restriction is not to lift over ten (10) pounds, then do not lift anything over ten (10) pounds regardless of what your supervisor says or threatens.

1. STATEMENTS TO THE WORKER’S COMPENSATION INSURANCE COMPANY. Do not give a statement to the insurance carrier unless you have a worker’s compensation attorney. The simple fact of the matter is that ten times out of ten the purpose of the insurance adjuster taking a statement is to obtain information to use against you. Any representation that they cannot honor your claim without taking your statement right now is merely an internal procedure or fake. You would be much better served by consulting with your Wilmington Workers Compensation Attorney Todd McCurry before giving any statement. Things as seemingly innocent as explaining how your injury occurred could result in losing your benefits if not stated correctly, i.e., with an eye towards the legal implications involved.

1. “I SPY”. Many insurance companies would rather spend money on private investigators than on employees. Due to occasional workers compensation fraud, most insurance carriers treat or suspect every claimant as a cheat and a faker. Behave at all times as if you are being watched. Many otherwise valid claims have been destroyed because persons with legitimate on-the-job injuries do something in the privacy of their own home or yard that apparently shows they are not injured.

For instance, a former injury client who could walk only with a cane or walker for balance due to a knee injury purchased his wife a self-propelled lawn mower. She was, after all, stuck cutting the grass. Just to try it out, he put his cane down and used the self-propelled lawn mower to hold himself upright and did one slow, painful lap around the yard. This was filmed by a private investigator hired by the worker’s compensation carrier. The video introduced at trial made it appear as if my client cut the whole yard and even included a shot of the yard after it was cut. This gave the appearance that my client was faking when he said he could not perform work activity on his injured leg. By the way, his case was lost and this “faker” eventually had to have a total knee replacement.

The last time I attended the annual Worker’s Compensation convention in Raleigh held by the North Carolina Industrial Commission about one-third of the booths were private investigation firms hawking their services to insurance carriers. The purpose of hiring these private investigators is an effort to portray employees as frauds. While some fraud does occur, persons should protect their legitimate claims by acting as if they are always being watched. The real fraud is when an insurance company cheats an uninformed employee out of his/her workman compensation benefits.

1. DOCTOR’S APPOINTMENTS. Attend all doctors’ appointments, physical therapy appointments, and get all prescriptions filled. In a surprisingly large number of cases, people injured on the job do not even bother to go back to the doctor. Later, they have serious health problems and the doctor cannot legally or medically connect the problems to their worker’s compensation injury. The client says, “Well I know my back was fine before I got hurt on the job.” There is no record of the employee receiving treatment for six months following the accident. This is a sure way to damage or end your worker’s compensation case. Likewise, if you miss your physical therapy appointments, the insurance company will portray this as evidence that you are not really hurt or do not have a legitimate claim.

1. KEEP COPIES. Maintain copies of your appointment slips, doctor bills, work excuses, and keep track of your medical bills and mileage. Often times people are not aware that they are entitled for mileage more than twenty (20) miles to and from a doctor’s appointment. One must maintain exact records in order to get the necessary compensation.

1. DO NOT LOSE YOUR TEMPER AT THE DOCTOR. On most occasions, the doctor you will be seeing will be one selected by the insurance carrier. The doctor naturally tends to see things in favor of the employer and insurance company. If this medical provider does not give you adequate treatment or take your claim seriously, you are automatically entitled to a second opinion. Do not lose your temper and get labeled a malingerer or troublemaker. This is a label that only makes your case more difficult. Arguing with a doctor will not help you.

1. FINALLY, IF YOU ARE INJURED ON-THE-JOB ALWAYS CONTACT THE LAW OFFICE OF TODD E. McCURRY, P.A., Your Workers Compensation Attorney in Wilmington, North Carolina. I have been a practicing attorney for twenty-four (24) years and have experience handling workers’ compensation claims. I also study and read the new laws and case decisions as they come out. This study assures I am aware of all the breaking trends. Each year I attend many hours of Continuing Legal Education seminars and I attend selected seminars devoted solely to workers’ compensation.

TODD E. McCURRY

Attorney at Law, P.A.

207½ Princess Street

Post Office Box 1443

Wilmington, NC 28402

Office: 910-772-1254

Fax: 910-772-1274

Email: lawyertm@bellsouth.net

Email2: todd@toddemccurry.com

This article and its contents are for informational purposes only and are not to be construed as legal advice or as creating an attorney-client relationship.

For more information or to contact Attorney Todd McCurry, call 910-772-1254 or email at todd@toddemccurry.com or lawyertm@bellsouth.net.

Cheating Wife – Facts and Advice

Listed below are the most common findings about cheating wives. We also offer resources and advice for dealing with a cheating wife. All sources can be found at the bottom of this page.

• Women are less likely to cheat than men. While estimates of infidelity are difficult to establish, surveys consistently reveal that wives tend to be more faithful than husbands.
• When a wife does cheat on her husband, she is more likely to have an emotional affair. Women are less likely than men to have a one night stand.
• Because women are more likely to have an emotional affair, cheating wives tend to cheat with someone who is part of their social group – a friend, a co-worker, someone from school, church, etc.
• A cheating wife is also more likely to swap up when she cheats. Cheating wives tend to have affairs with men who have more status and resources than their husbands. Or women cheat with men who are better relational partners – someone who is more attentive, appreciative and understanding.
• A cheating wife is also more likely to consider leaving her husband when she is having an affair. Because female infidelity tends to be based on emotional intimacy, women often attach more significance to an affair.
• When women cheat, they are also more likely to view their infidelity as a symptom of the problems in their relationship. By comparison, men have an easier time separating infidelity from the problems they face at home.
• Women are also more likely to draw positive inferences about their physical appearance when they are cheating (e.g., I’m still attractive, I’m still desirable, etc.).
• When a woman does have a one night stand, it tends to be with someone who is more attractive and physically fit than her husband.
• Women are also more likely than men to use cheating as a means of getting revenge. While using infidelity to “get even” is rare, “revenge cheating” is more common among women.

Resources for Dealing with a Cheating Wife:

• how to catch a cheating wife
• why women cheat

• cheating wife survey – cheating spouse survey and results

• signs of a cheating wife

• advice for dealing with a cheating wife

Sources:

• stats about infidelity

• MSNBC/iVillage Survey on Infidelity

• WebMd article on Cheating Wives

Related Information:

• cheating husband – facts and advice

• cheating spouse – facts, information and advice

• infidelity and cheating – articles, links and resources

Truth About Deception – back to our home page

Insurance Fraud

During the holidays your mate may become more irritable if pressure from the person he/she is seeing may intensify. If the other person is also married, your spouse may be more attentive as the chances are slim contact will be attempted.  Be alert and follow your gut without confronting your mate. Remember, if you confront your spouse, they may stop seeing the other person long enough for you to trust them again.  More times than not, the affair does not end or another one starts up.

Make sure you monitor the bank accounts and charge cards and document any suspicious activity during and after the holidays as there may be two of the same gifts bought or charges from a store you did not receive gifts from.  Be sure to check statements through April as many have deferments on purchases!

• At the beginning of an affair the mate that is cheating is more attentive to his spouse. This is due to guilt that the cheater may be feeling at the time.
• After the affair has been going on for a while the person cheating seems to find fault with the person he/she may be living with to try to justify the affair in their mind.
• Cheating spouses may lose attention in the activities in the home. They don’t show interest in the livelihood of you or the children that live in the home. Nor do they have any desires to do any fix-ups to the home (i.e. lawn care, house repairs, etc…..)
• Intuition (gut feeling) that something is not right usually is a sign you may have a cheating problem “when in doubt check them out”.
• Cheaters may have a change in sex life (i.e. more sex, less sex) as well as unexplained sexual requests.
• The cheater has a definite change in attitude towards everyone in the home, especially the mate (i.e. if he/she didn’t act the way they do, well then maybe I wouldn’t be doing the things I do).
• Another sign is the Finances. “If someone wants to play they have to pay” therefore keeping an eye on their monies (i.e. check stubs, bank account balances, credit card bills, etc…) would tell you whether their spending more money than usual. Check for any mail from banks you are not familiar with, often times there are additional bank accounts and credit cards you are unaware of.
• Grooming habits will change. Cheaters will be more attentive to their person (i.e., the way they dress, new clothing or under garments, frequent bathing, physical fitness, grooming of their hair, switching of colognes, etc…).
• Physical signs to look for to determine whether or not someone is having an affair is lipstick on the collar, odors of cologne/perfume on a shirt/blouse, checking underwear for secretion stains. You can also check their wallets and/or the glove compartments of their car to see if they left receipts, pieces of paper with phone numbers, addresses, condoms, etc. If you find something, start a file, do not confront your spouse.
• You may want to monitor your spouse for two weeks. During this time keep track of the mileage on their car. Monitor the time they leave for work and the time they come home. Keep a calendar and note the times, this should help you establish a pattern. If your mate claims to be working late, check paycheck stubs to verify this overtime or credit card statements for any dining on late nights.  Also check for any ATM activity and check the locations and times on the receipt.
• Be tuned in to home telephone calls when your mate has a tendency to whisper or gives a quick answer and immediately hangs up or when you answer the telephone and get an abrupt hang up.
• Many cheaters use cellular telephones to communicate with their lovers. Should your mate have a cellular telephone you may want to get a detailed billing of the calls made from the cellular phone to determine whether a certain number has been frequently called. A good area to start looking is for the first number called when your mate first leaves for work and the same number called again right before they return home.
• Female cheaters are more discreet in the selection of a lover. This is most likely because of their concern of Sexually Transmitted Disease’s (STD’s). Most females are looking for a longer lasting relationship rather than a “one night stand”. In past years men were the aggressors, in society today, with the increase of women in the work force, women have become equally aggressive and some do look for “Just a Friend” as they will call him.
• When a female is having an affair she tends to have more of a “glow” about her. She may also become easily irritated with her spouse and children a lot more than usual. She may take walks or exercise when she did not before and always has her cell phone on her person talking on the walks or runs.  She may have to make trips to the store alone more to talk privately when she did not do this before.
• If in the work field, work will all of a sudden become more important and will have to work more often and stay out late nights or over night trips may happen more frequently.

If you suspect your spouse or mate is cheating, you will need proof.  Don’t try to be your own investigator!  Do not follow them. When you have some evidence, keep a journal, take photos of receipts and document anything out of the norm. Then hire a PI to obtain the physical evidence to take to your attorney.  There has to be more evidence than what you have or just a dinner out.  This often requires investigative techniques that you are not licensed to accomplish.  Video must be obtained over a period of time to determine if there is an affair taking place.  The identity of the other person must be positively established to determine if there are grounds for Alienation of Affection.

In any situation involving domestic matters-keep your children safe.

Contact Cape Fear Investigative Services at  910-762-4374.

It could wind up being the best investment you ever make.

Each case that Cape Fear Investigative Services handles is treated on an individual basis and the methods of investigations vary. When calling for an appointment you will be assigned to an investigator that will work your case in a ethical and professional manner while abiding by all state and local laws.  The investigator will consult with you for the first hour at no charge to learn the facts about your case and then determine the best actions and cost. Call 910-762-4374 to speak with an investigator.

Do I file for separation?

No. Separation happens once husband and wife begin living separate and apart and at least one of them has the intent to remain separate and apart.

Do I need an agreement or court order to be legally separated?

No. You are legally separated once you begin living separate and apart and at least one spouse intends to remain that way.

Is it okay if we continue living in the same house?

No. Living separate and apart means you must be living in separate residences.

What are the grounds for divorce?

There are only two grounds for divorce: 1) Separation for one year; and 2) Incurable insanity of one spouse and separation for three years. The vast majority of marriages are dissolved based on the ground of separation for one year. In order to get divorced, you must have been separated for one year with the intent to remain separate and apart and one of you must have been a resident of North Carolina for at least six months. Fault is irrelevant to the divorce process.

What do I need to do to get divorced?

You have to file a complaint (lawsuit) asking for a divorce. You have to serve your spouse with the complaint. Cape Fear Investigative Services will serve the complaint either by your request or that of your attorney.  Then you will need a hearing in front of a judge. The judge has to enter a judgment declaring you divorced. You are not divorced until the judge signs a judgment and the clerk file stamps it.

Does it matter who files for the divorce?

No. The person who files for the divorce is responsible for filing the appropriate papers and getting the hearing scheduled. However, there is no advantage to filing first.

How long does the divorce process take?

The length of the process varies based on how long it takes to get service of your spouse and how soon the clerk schedules the divorce hearing. Generally it should take less than 60 days.

What is the effect of a divorce?

There are many important effects of a divorce. First, the entry of a divorce cuts off your right to alimony and property division. If those claims have not been resolved in a valid and binding agreement or property filed with the court prior to the entry of the divorce judgment, they are lost forever. The loss of those claims can be devastating.  If you have a claim for alimony or if you or your spouse acquired property during the marriage (house, cars, bank accounts, retirement), you need to consult an attorney to protect these claims. Cape Fear Investigative Services offers financial investigations to uncover any hidden assets or properties that may have been purchased without you being aware of any transactions at all.   Second, the entry of a divorce changes your tax filing status. Third, the entry of a divorce enables you to remarry. Fourth, the entry of a divorce cuts off your rights to inherit from your spouse. Fifth, it can alter the way your house is owned if you own a house with your spouse.

How do I change my name back?

You may include a request to change your name in the divorce complaint. The name change can be included in the divorce judgment. You cannot change your name to any name in this process. You may resume your maiden name. You may also resume a former married name in certain circumstances.

What about custody, child support, alimony, and property division?

These issues are complicated and beyond the scope of this blog. You may resolve these issues by agreement with your spouse, in which case you would execute a Separation Agreement. In order to be valid and binding, a separation agreement needs to follow certain formalities. You should consult an attorney for assistance in negotiating and drafting the agreement. If you and your spouse are not able to agree, you can try mediation or arbitration as alternatives to court. If those options do not work for you, you will have to file a complaint (lawsuit) seeking relief in court. Regardless of which approach you choose, you should consult an attorney first.

What is Mediation?

Mediation is when a third party helps facilitate an agreement between the parties. The mediator does not make decisions. The parties make the decisions, but the mediator helps them along. You can do private mediation before or after a complaint has been filed. You can address custody, child support, alimony, and property issues in mediation. Mediation is generally less expensive and not as time-consuming as court. The parties control the outcome. The entire process can be settled in one day, and you can leave a private mediation with a binding settlement document. The process is very civil and dignified. It can set the tone for how the parties deal with each other from that point forward. If the parties are able to resolve the issues incident to their separation at mediation, typically they work together and treat each other better in subsequent dealings with children or otherwise. You do not necessarily need a lawyer for mediation, but we recommend it. A non-lawyer mediator will not know the law. Without an attorney you could lose or waive rights you did not know you had.

How do I find an attorney?

You may contact Cape Fear Investigative Services, Inc.  at 910-762-4374. If you cannot afford an attorney, you should contact the Legal Aid of North Carolina office serving your county.

Information was provided by the North Carolina Bar Association. Cape Fear Investigative Services, Inc offers investigative service in North Carolina and South Carolina.

Introduction to Spying

When it comes to spying on one’s spouse, be careful what you wish for – not only may it destroy your marriage, you may expose yourself to criminal and civil liability.

If you must spy on your spouse, educate yourself on the laws of your jurisdiction and the federal laws on the topic; knowing when you are under the purview of the state, federal, or even common law is extremely important as it vastly affects how and to what extent you may spy on your spouse. The safest course of action is to seek legal advice from a licensed attorney before you spy. And hire a licensed and respected private investigator instead of conducting your own surveillance.

The law treats government spying and individual spying differently .

There are differences in the law’s treatment of surveillance based on who is doing it. Generally, the law is more restrictive regarding government/ law enforcement spying than then it is when private individuals are doing the surveillance and even less restrictive for parents monitoring their minor children. However, many boundaries still exist regarding private individuals, and some spying could leave individuals open to being sued civilly or charged criminally in some circumstances.

Criminally, several charges could be levied against someone for spying on another person, including, trespassing or federal wiretapping charges. These are serious crimes and one could face imprisonment and be required to make financial restitution. Tortious Invasion of Privacy and other Civil liability could apply.

Tortious Invasion of Privacy by Intrusion

North Carolina recognizes an action based on an invasion of privacy by intrusion. Invasion of privacy by intrusion is defined as “One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.” North Carolina does not recognize a cause of action for the invasion of privacy by disclosure of private facts or invasion of privacy by placing a plaintiff in a false light before the public.

Specific examples of intrusion include “physically invading a person’s home or other private place, eavesdropping by wiretapping or microphones, peering through windows, persistent telephoning, unauthorized prying into a bank account, and opening personal mail of another.”

In other words, certain areas may be off-limits to even a spouse. For instance, a video camera installed in a bathroom may be tortious as a reasonable person would likely find it “highly offensive” even in the context of a marriage. No cameras or audio recorders should be employed in a toilet area, shower area, or bedroom area of a spouse.

Interception of oral communications and electronic communications

In North Carolina N.C. Gen Stat. § 15A-287(1)(a) states:

1.Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if, without the consent of at least one party to the communication, the person:

1.Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.

2.Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

1.The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communications; or

2.The device transmits communications by radio, or interferes with the transmission of such communications.

3.Willfully discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through violation of this Article; or

4.Willfully uses, or endeavors to use, the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this Article.

Consent by at least one party to a conversation is required before recording a conversation between people. In North Carolina, if you are a party to the conversation, you may consent to your conversation being recorded but you cannot record a conversation to which you are not a participant. Therefore, you cannot legally record a call between your spouse and another person without at least one of them consenting to the recording – even if the conversation is between your spouse and your child. If one person is in another state and not in North Carolina, it may be illegal to record the conversation. Many jurisdictions, including North Carolina, have recognized that parents may vicariously consent on behalf of their minor children to the interception of their conversations. A custodial parent may vicariously consent to the recording of a minor child’s conversations, as long as the parent has a good faith, objectively reasonable belief that the interception of the conversations are necessary and in the best interest of the child. The doctrine of vicarious consent has been applied to parental eavesdropping on conversations between the other parent and their minor children and third parties such as a babysitter or nanny. You must use extreme caution before taping any conversation and we strongly recommend you speak with a licensed attorney to fully understand your rights and responsibilities.

Silent covert video surveillance

Only oral communications are covered by N.C. Gen Stat. § 15A-287(1)(a), and thus, videotaping of a spouse without an audio recording would not be a violation of state and federal wiretapping laws.
Video surveillance by private parties, does not implicate the Federal Constitution’s Fourth Amendment. In, State v. Diaz, 308 N.J. Super. 504, 706 A.2d 264 (App. Div. 1998), it was held that the actions of a child’s parents in contracting with a private company to install audio-video surveillance equipment in their home, for the purpose of observing a babysitter who they suspected of abusing the child, did not implicate the federal or state constitutions, because the allegedly unlawful videotaping was performed by private individuals and not by the government or its agents and the parents vicariously consented to the audio capture on behalf of their child. The denial of the babysitter’s motion to suppress the videotape from evidence, at her trial for aggravated assault and endangering the welfare of a child, was affirmed.

The acquisition of an image is not an interception of a wire or oral communication because the contents of a conversation are not captured. Video surveillance is not the interception of an electronic communication because there has been no interception of the image while it is being transmitted. The audio portion of a videotape is an oral communication and would be subject to the rules discussed above.

However, remember the rules stated above regarding tortious invasion of privacy. Placing a video camera in a private place like the bedroom or the bathroom could still expose you to civil liability.

GPS tracking of a private vehicle

Electronic tracking devices do not “intercept” contents of any wire or aural communication and because the vehicle is traveling on public roads in view of everyone who passes, there is likely no intrusion upon the solitude or seclusion of another or his private affairs or concerns and it also likely not to be offensive to a reasonable person. If the vehicle is titled in your name and it has not been sequestered by contract or court order in favor of your spouse, there appears to be little concern over placing a GPS tracker on the vehicle. Placing such a device on a vehicle that you do not have an ownership interest in, however, could be a trespass to chattels and you could be liable in tort for financial damages. Always consult a licensed attorney before taking any action.

Email / Internet

If you are still living with your spouse and you are not separated, then when considering other forms of communications such as email communications and the like, the key is: whether your spouse has an expectation of privacy that could be invaded. Even if your spouse previously gave you their email password or computer password, they may still have an expectation of privacy and violation of that privacy could open you up to criminal and/or civil penalties. Ask yourself; for what purpose did my spouse give me his or her password? Do not exceed the scope of that purpose. The use of certain programs like spyware, keystroke recorders may be permissible or illegal depending on the technology employed by the software and whether you continue to live with your spouse.

Once separated, access to your spouse’s email without permission is likely a violation of federal and state wiretapping laws even if you had permission prior to the separation.

Conclusion

The most important thing to remember is that any surveillance must be legal, reasonable, and not overly intrusive. The status of the parties (e.g., separated or not, minor child or spouse) and the facts surrounding the type of surveillance will affect the legality and permissibility of it. Criminal penalties including jail time and civil financial penalties may be assessed for illegal and improper activities. Some surveillance may be legally conducted by a licensed private investigator for which an unlicensed individual could face sanctions. This area is fraught with such significant and serious risk both financially and to your very liberty, that you absolutely must develop a plan with your attorney before taking any action.

Author’s Note: This article is in no way meant to be a comprehensive analysis of privacy law or surveillance of a spouse. The Purpose of this article is to impress on the non-lawyer who may read it, the importance of considering all aspects and consequences of their actions and to outline generally some commonly unknown consequences of such for those who may be unaware. The reader interested in learning more should contact their attorney or perform additional research as more than anything this article should promote the commencement of a thorough discussion of these matters.

Search the Sex Offender Registry

Use the North Carolina Sex Offender Registry to find out where sex predators live in your area. When you search, you can view a map that pinpoints where sex offenders live within five miles of any site you choose, such as your home, your child’s school or child care center, or a local park.

Email Alerts When Offenders Move Near You

You can sign up to get e-mail alerts when a sex offender registers at an address near your home or your child’s school, or to track a specific offender.

Track an Offender

If you’ve been the victim of a sex crime and your offender is registered, you can ask to be notified when the offender moves. You can also view an offender’s NC prison record and sentence. Get Alerts by Telephone

You can also sign up to get an alert by telephone when a convicted sex offender moves into your zip code, or to get telephone alerts about a specific offender by calling NC SAVAN at 1-877-627-2826.

• Every 15 seconds a woman is physically assaulted within her home.
• An estimated three or four million women are battered each year by their husbands or partners.
• Attacks by husbands on wives result in more injuries requiring medical treatment than rapes, muggings and automobile accidents combined.
• Medical expenses from domestic violence total at least $3 to $5 billion annually. Businesses forfeit another $100 million in lost wages, sick leave, absenteeism and non-productivity.
• The F.B.I. estimates that one out of two women will be physically abused at some point in their lives by men with whom they live, regardless of race or socioeconomic status; twenty-five percent of married women experience violence on a recurring basis.
• Children who witness violence grow up believing that violence is a reasonable alternative to solving problems. Sixty percent of children from violent homes become abusive adults.
• According to the National Crime Survey Data, men commit 95% of all assaults on spouses. In addition, the injuries incurred by men are much less severe than those sustained by women.
• As violence against women becomes more severe and more frequent in the home, children are 300% more likely to experience physical violence by the male batterer.
• Between 73% and 90% of the violent incidents occur in private settings outside the view of others.
• Only one out of every 25 victims of dating violence ever seeks the help of a teacher, minister, rabbi, police officer, or counselor.
• At least 40 percent of all domestic violence cases involve drugs or alcohol. However, drugs and alcohol do not cause the abuse, rather it provides an excuse for the battering to occur.

* Statistics Courtesy Domestic Violence Shelter – Wilmington, NC