Family Law

• Divorce
• Child Support
  If supervised visitation is not going well or if the abuser refuses to attend the visitation for several months and you have a finding of physical or sexual abuse by the Court, you may want to consider filing a Petition to Terminate the abuser’s parental rights (“TPR”). In many states, if the abuser does not pay child support for a long period of time, that is also a legal ground, or reason, to TPR. The burden of proof in a TPR hearing is more difficult than in a regular custody case, and not only do you have to prove that there is at least one legal reason to TPR, but the Court also has to find that it is in the child’s best interests that the abuser’s parental rights are terminated. However, it does happen, and if you have that opportunity, you might want to take it because then you have sole control over the abuser’s access to the children in the future.
• Child Custody and Visitation
  Attorney Arlaine Rockey represents clients throughout North Carolina and Florida, as well as in all other states with local co-counsel. Ms. Rockey handles complicated child custody cases for protective parents, as well as other civil and criminal trial court cases. Ms. Rockey brings extensive experience, knowledge and professionalism to every case tailored to your individual needs and concerns. Ms. Rockey has been practicing nationally since 2002. Read her free legal advice articles and learn about her in-depth consultations. Ms Rockey was counsel for 86 Amici Curiae in a federal #ERA case. See more info.
• Adoption
• Guardianship
  While at LSSP, Ms. Rockey helped get the Standby Guardianship Law enacted with another lawyer from the then Children’s Law Center. At the time, AIDS had been a fatal illness and the epidemic had been destroying families (biological and families of choice) for a decade. Ms. Rockey found out that her best friend from law school had AIDS. She felt helpless to do anything to save him. She found out that many children were being orphaned when their parents died from AIDS and also that their parents needed help to care for their children at times they were very ill, so their children would not end up in foster care. Ms. Rockey decided to work on the Standby Guardianship legislation as a way to do something positive. Ms. Rockey and others spoke to the General Assembly, built a large coalition of support, and drafted the legislation, which passed (NCGS §35A-1370
• Spousal Support
  Ms. Rockey handles other types of family law cases, including child support, divorce, equitable distribution, alimony (post-separation spousal support), and divorce when they are combined with a child custody case. Ms. Rockey also prepares separation agreements, which are contracts for separated married couples that can cover all family law issues. These separation agreements can be later incorporated into their divorce order and will become part of that order, and then they will be subject to the contempt powers of the Court if there are violations. If you want Ms. Rockey to consider representing you in your case, send her an email with the form on the Contact & Consultation page here.
• Child Abuse
  Fight for Equal Rights & Bodily Autonomy With All Your Might — Arlaine Rockey - National Child Abuse Custody Lawyer

Criminal Law

• Criminal Defense
  Since 1999, Ms. Rockey has been in private practice, doing many of the same types of cases she did at LSSP, as well as criminal defense cases. Since 2002, she has been representing parents trying to protect their children from physical and/or sexual abuse and domestic violence (called “protective parents”) nationally. There are not many attorneys who focus on representing protective parents. These parents, who are most often mothers, have a tremendously difficult time protecting their children in the family court system. The patterns are the same all over the country. See Ms. Rockey’s article, “Protecting Your Child from Sexual Abuse” that explains the complicated issues in these cases, and also provides some strategy suggestions for all protective parents in custody cases. Ms. Rockey handles custody cases all over North Carolina and Florida, where she is licensed to practice law, and also in other states with in-state co-counsel, so she can come into the cases
• DUI/DWI
• Sex Crimes
  In 1991, Ms. Rockey moved back home to Charlotte, NC, where she was in private practice, solo and then with her sister, who is also a lawyer. While studying for the NC Bar exam, Ms. Rockey had learned that marital rape was still legal in North Carolina, meaning that husbands could not be prosecuted for sexually assaulting their wives if it occurred prior to their separation (and most did). Sexual abuse is frequently a type of domestic violence.
• Robbery
• Misdemeanors
  Ms. Rockey represents clients with felony and misdemeanor criminal cases throughout North Carolina. She offers pre-paid flat fees, sometimes with payment plans. If you want Ms. Rockey to consider representing you in your case, send her an email with the form on the Contact & Consultation page here.
• Assault
• Murder
  Dobbs laws, was arrested for murder after sheattempted suicide while pregnant and her baby died after being born).
• Homicide
  Attributes legal rights to a fetus.108 If adopted, these provisions will increase prosecutions targeting pregnant people by classifying abortion as homicide and permitting prosecution of those who receive such treatment for murder or manslaughter.109 A Louisiana House of Representatives committee voted in May 2022 to amend criminal laws to make abortion qualify as a homicide.110 While the bill wassubsequently withdrawn, other states are exploring fetal personhood approaches to criminalizing a range of pregnancy outcomes.111
• Arson
  Were documented at the January 6, 2021 coupattempt at the US Capitol.87 As recently as January 15, 2023, an anti-abortion group carried out an arson attack on a clinic in Illinois.88
• Restraining Order
  In writing (email is fine) inform the abuser in advance of all regular doctor and dental appointments, and teacher’s conferences, and invite him to attend (unless you have a domestic violence restraining order against him, in which case you can tell him he can schedule a separate appointment with or otherwise communicate with the teacher — as long as it is not prohibited by Court Order), and if he does not attend, send him an email letting him know what happened and what the doctor said or recommended
• Manslaughter
  19. Even more starkly, pregnant people who attempt suicide can be charged with attempted feticide, manslaughter, or murder in some states.59 For example, in 2011 in Indiana, Bei Bei Shuai, an immigrant woman from China, attempted suicide and was subsequently charged with murder and feticide for attempting suicide while pregnant, based on the prosecutor’s interpretation of the murder code to include fetuses.60 As the zeal for prosecuting pregnant individuals increases,61 there is a significant risk that abortion bans with fetal personhood language can use a pregnant person’s need for mental health support as a reason to funnel them into the criminal-legal system whilst simultaneously failing to address the underlying health issue.

Immigration Law

• Citizenship and Naturalization