Practicing civil & criminal law in state & federal courts since 1989
Attorney Arlaine Rockey represents clients throughout North Carolina and Florida, as well as in all other states with local co-counsel, and she is a national Legal Consultant to attorneys representing Protective Mothers. Ms. Rockey handles complicated child custody cases for Protective Mothers, trying to protect their children from sexual and physical abuse from their children’s fathers who more often than not win custody due to inherent sex discrimination against women and Protective Mothers. 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 and legal experience (see menu).
Ms. Rockey has been an Equal Rights Amendment (#ERA) attorney and advocate for over five years nationally. She is honored to be a Legal Advisor to Equal Means Equal, the most effective national ERA advocacy organization. Currently, she is handling APPEALS for three #ProtectiveMothers using the fully-ratified #ERA in the North Carolina Court of Appeals, to win back custody of their children, and to get that Court, the NC Supreme Court, and ultimately the U.S. Supreme Court, to declare the ERA to be the valid 28th Amendment to the U.S. Constitution. It will be hugely important and historical as the ERA will give Protective Mothers nationally a 70% chance of winning their cases.
The ERA legally does currently and should be used in all cases to win where there is sex discrimination by a government entity, but after particularly the Supreme Court declares the #ERA to be the 28th Amendment, it will protect many other rights denied to women for 250 years!
Watch the documentary film EqualMeansEqual(.com) explaining the multitude of rights protected by the ERA, and why we need the ERA. See photo at the bottom of this page for some examples of other types of cases / issues in which the ERA can be used in a case and it will have a profoundly positive effect.
HELP PROTECTIVE MOTHERS PROTECT THEIR CHILDREN AND GET CUSTODY OF THEM, WHILE SEEKING A COURT ORDER DECLARING THE EQUAL RIGHTS AMENDMENT TO BE THE 28th AMENDMENT TO THE U.S. CONSTITUTION.
Read Ms. Rockey’s ERA Legal Blog that covers the continued advocacy after the Trump Administration blocked the ERA from being published in the U.S. Constitution as the 28th Amendment after the ERA was fully legally ratified on January 27, 2020 and why we still need a Court to declare it the 28th Amendment now.
Legal Advice for Protective Mothers and their attorneys in Custody Cases:
Protecting your Child from Abuse
If you want Ms. Rockey to consider taking your case, use the Consultation Request form here to send her a summary of your case, the state and county where it is located, and your contact information. See more about the types of cases she handles below her photo. You can read about her Experience and see her Resumé here.
Read Former Client Reviews
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LEGAL CASE CONSULTANT
Ms. Rockey provides LEGAL CASE CONSULTANT services, throughout the case, to attorneys trying to prove child abuse for the #ProtectiveMothers (as Protective Parents are overwhelmingly mothers) to protect the children from child physical abuse #CA, child sexual abuse #CSA, or domestic violence #DV (living in a family where there is DV against the mother frequently can create child emotional abuse and can have lifelong negative effects on them).
Most family law attorneys don’t understand the detailed nuances of how to prove child abuse, what specific kinds of evidence to use, how to discern the best evidence, how to use evidence rules to prove abuse, particularly child sexual abuse CSA, or DV. There are frequently Child Protective Services #CPS involved, and all of this is important to the legal case. Read her article, “Protecting Your Child” for more about the complicated strategy issues and the minefields to avoid.
It has been statistically proven that Protective Mothers, in whose custody cases are allegations of DV, CA and especially CSA, have a higher risk of losing custody, sometimes ending up with severely restricted visitation and of even being accused criminally of making false charges of child abuse or in CPS Juvenile Court of emotionally abusing their children. These are high risk cases for the Protective Mothers, but even more high risk for their children if they do nothing or have an attorney acting without extensive experience or an experienced legal guide.
Ms. Rockey’s over 36 years of experience dealing with these issues, over 23 years nationally, can make the difference to obtain a successful outcome. She is licensed in NC and FL and has represented protective parents, pro hac vice, in about twenty states. She also has 26 years of experience with written appellate and amicus briefs on these and other matters in cases in state and federal appellate courts in four states and the United States Supreme Court.
Arlaine Rockey is always thinking of how to work at the trial level to get the best outcome if an appeal occurs. It is critical to raise the constitutional legal issue of the ERA in the trial court before the appeal is docketed, for example in a motion for a new trial or to modify or set aside the unconstitutional custody order, so that you can raise the ERA on appeal if necessary.
The earlier your attorney gets Ms. Rockey involved as your Legal Case Consultant, the better outcome you may potentially have for you and your children. Many attorneys, while versed in domestic law, would be able to represent you much better with her legal counsel. She would prefer to hear from your attorney and you and to have a joint consultation with both of you for expediency. Please let your attorney know that you want them to or you want to inquire about Ms. Rockey’s Legal Case Consultant services. Send them this website and her email. She will email your attorney (and you, if you fill out the consultation form with your attorney’s permission) back with more information. She would be happy to help you have an opportunity to protect your children or get them back!
Contact & Consultation
Keep reading below for Ms. Rockey’s areas of practice, more on her Equal Rights Amendment Protective Mothers’ cases on appeal, seeking to get the fully-ratified “ERA” published as the 28th Amendment in our nation’s Constitution, and for Contact information.
Areas of Practice
CHILD CUSTODY
Ms. Rockey has represented hundreds of parents, grandparents, step-parents and other relatives in visitation and custody cases. Ms. Rockey focuses on complex custody cases, including issues of:
Mental Health
Substance Abuse
LGBT
Read more about Protecting Your Child in a custody case here. If you want Ms. Rockey to consider representing you or being a LEGAL CASE CONSULTANT in your case, send her an email with the form on the Contact & Consultation page here.
DOMESTIC VIOLENCE PROTECTION
Ms. Rockey has represented hundreds of battered women. In NC, you can apply for an emergency Domestic Violence Protective Order, pursuant to NCGS Ch. 50B (“DVPO” or a “50B”), any time on your own at the Clerk of Superior Court’s office or after hours, at the Magistrate’s office. You can contact the local battered women’s shelter for counseling, safety planning or an emergency and safe place for you and your children to stay. Ms. Rockey can help you file your case, or take the case after you file it, to represent you at the “10 day” hearing (the trial). If you want Ms. Rockey to consider representing you or being a LEGAL CASE CONSULTANT in your case, send her an email with the form on the Contact & Consultation page here.
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DSS/CPS CASES
Ms. Rockey has represented hundreds of parents in Department of Social Services (“DSS”)/ Child Protective Services (“CPS”) abuse, neglect, dependency, and termination of parental rights cases in Juvenile Court. If you have been contacted by DSS / CPS, you need to talk to a lawyer immediately. The sooner you get legal advice, the better the chance that you can prevent your children from being placed in foster care. If your children have been placed in foster care, you need a lawyer to represent you who has experience dealing with DSS / CPS to help you do the right things as soon as possible. If you fail to meet the requirements set by DSS / CPS and the Court, the end result will likely be that you will either have your parental rights terminated (so that your children can be adopted) or your children will be placed in the permanent guardianship or custody of someone else (possibly a relative). If you want Ms. Rockey to consider representing you or being a LEGAL CASE CONSULTANT in your case, send her an email with the form on the Contact & Consultation page here.
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USING THE FULLY RATIFIED
EQUAL RIGHTS AMENDMENT
“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” XXVIII, U.S. CONSTITUTION
The fully legal and ratified ERA provides women, who have been discriminated against because of their sex, with legal Strict Scrutiny by the courts, over a 70% chance of winning their cases, to protect the rights of women suffering systemic abuse, and to set strong precedents for other court cases to come, including:
Protective Mothers, who seek to protect their children from the children’s physically and/or sexually abusive fathers, lose custody to those abusers often 55-70% of the time, and sometimes even lose contact with their children. This has been happening all over the country since the 1980s.
Read Ms Rockey’s ERA LEGAL BLOG and about the Protective Mothers’ ERA Appeals below.
For more info about why this has been happening for decades, review my article Protecting Your Child, and the other pages regarding Preparing for Your Consultation & Gathering Evidence.
Other types of cases in which women’s rights will be strengthened after the ERA is declared the valid 28th Amendment, although, it can, is and should be used widely in cases now, include:
• Survivors of Sexual Assault who, instead of having the law enforcement system protect them and criminally charge their perpetrators, the criminal investigators turn on them quickly, don’t do even minimally adequate investigations of the real crimes, and turn viciously on the victims, intimidate, coerce and frequently criminally charge the victims, causing them further mental anguish, lasting physical injuries, and causing these victims to have to endure bogus, expensive and lengthy criminal court cases, as the defendants! I am here to sue the law enforcement agencies with civil rights violations, to demand a real investigation of the original horrific crimes, and to civilly sue the perpetrators.
For more info about these cases, watch the Netflix Documentary VICTIM / SUSPECT.
If you want Ms. Rockey to consider representing you or being a LEGAL CASE CONSULTANT in your case, send her an email with the form on the Contact & Consultation page.
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The status of the ERA & why Women need a Court Order declaring it to be the 28th Amendment
To learn why Women need the ERA recognized by the Courts and published in the U.S. Constitution, watch #KamalaLopez in her documentary, EQUAL MEANS EQUAL
See the trailer & reviews here, watch it streaming on demand, as it is has the background on the ERA, with interviews of national feminists, like Gloria Steinem, and with an explanation about all the rights it will protect. Kamala Lopez and her activist group, Equal Means Equal (.org), (for which I have served as a Legal Advisor since 2023), used that documentary in states that had not yet ratified the ERA, working extremely diligently to gain the last three states needed to finally fully ratify the ERA. They, as always, PERSEVERED! Working in coalition with other ERA advocates, they were successful in getting Nevada, Illinois, and on January 27, 2020, the last necessary state to finally RATIFY THE #ERA, Virginia!
Equal Means Equal, Kamala Lopez’ award-winning documentary about the Equal Rights Amendment, the history and how it is needed. Photo used with permission.
January 27, 2020 was date the ERA, per Article V (five) of the US Constitution, legally became the 28th Amendment to our national Constitution.
However, under Trump’s Attorney General, Bill Barr, the Dept. of Justice’s Office of Legal Counsel declared in an Opinion that only applied as the official legal analysis for the Executive Branch, that the unconstitutional Deadline in the Resolution (preface/introduction with reasons for the ERA) — but was not in the TEXT (words) of the proposed Amendment — was valid, meaning that, until there is a Court Order finding it is valid and it is the 28th Amendment. So, the Archivist refused to certify and publish it until there is a court order saying that the ERA was the 28th Amendment.
However, the Archivist’s duty to publish immediately is a federal law, 1 USC §106b, which is a mandatory, gives the Archivist an independent duty she/he must publish forthwith (immediately) all amendments for which she/he receives ratifications of it from 3/4 (38/50) of the states, which had occurred after Virginia ratified. Further, the Archivist has no actual legal authority to use any discretion as to whether the Archivist can decide whether or not to publish a newly ratified Amendment. When the Archivist receives the Ratification from the final necessary state, boom, without any thinking about it, the Archivist SHALL (must) publish the Amendment forthwith (immediately). That list of ratifications is on the Archivist’s website. So, Trump and Attorney General Bill Barr, in my legal opinion, OBSTRUCTED JUSTICE for all women, approximately 51% of our population.
Further, under Article II, every President has a Constitutional legal DUTY to “TAKE CARE that the laws be faithfully executed”(carried out), here 1 USC §106. So, Trump again is blocking women from full legal equality!
We now have no choice but to seek a court order declaring the ERA.is the valid 28th Amendment, which has been established, but now we’re using different types of cases than in 2020. EME is seeking such a court order declaring that the ERA is fully ratified, with a class action in federal court now.
Ms. Rockey was lead counsel for the over 80 friends of the Court and filed the Amicus Curaie Brief in all levels of federal court, which is included at this link. See her ERA Legal Blog that covers Ms. Rockey’s, and others’ efforts since 2020.
The ERA will give Protective Mothers nationally about a 70% chance of winning their Custody cases to be able to protect their Children.
It will also protect many other rights denied to women for 250 years! Watch the award-winning documentary film EqualMeansEqual(.com) explaining many different rights the ERA should protect now but will protect after the U.S. Supreme Court declares that the Equal Rights Amendment IS the 28th Amendment to the U.S. Constitution.
Graphic above used with permission of KAMALA LOPEZ, ERA Activist Extraordinaire, the writer, director, producer, narrator, & interviewer of this documentary, Equal Means Equal (.com), and Founder and Executive Director of the ERA Advocacy organization, Equal Means Equal (.org). Kamala is also an amazing and experienced actor. (If you have IMDBPro, look at her reel). I am trying to get her to play Elizabeth Cady Stanton (“ECS”) in my film, The First Suffragist, who convened the first women’s rights convention in Seneca Falls, NY, in 1848. Feminist director and activist, Angela Shelton, is attached. It includes Susan B. Anthony’s trial for voting illegally. ECS’ great-great granddaughter, through the Elizabeth Cady Stanton Trust, is currently and has been an amicus on EME’s Amicus Briefs, including the 2020 ERA Amicus I wrote to the U.S. Supreme Court (EME v. Ferriero) and EME’s current case, Equal Means Equal, et al. v. Trump, in federal court in Boston, in which there is an argument on September 15, 2025. See EME’s .org Legal Actions and News pages for more info on their cases, including the Texas Reproductive Rights cases. PLEASE BECOME AN EME MEMBER &/or donate to them (tax deductible) on EME’s national ERA advocacy organization, Equal Means Equal (.org).