Domestic Violence Attorney Charlotte NC and Surrounding Areas
If either you or your child is a victim of abuse or domestic violence get help now!!
In North Carolina the legal protection from domestic violence is a Domestic Violence Protective Order which is commonly called a restraining order or a 50-B protective order. The purpose of the Domestic Violence Protective Order is to prevent further physical and emotional harm from happening to you or your child by ordering the abuser to stop threatening, harassing, staking, or otherwise abusing the victim. Most protective orders require the abuser to stop all contact with the victim and stay away from the victim, the victim’s home, and the victim’s workplace. The order may also prevent the abuser from going to the children’s daycare or school.
In an emergency, the court can issue a temporary order of protection without the alleged abused being present. This process is known as Ex-Parte order anis in effect until a hearing is held in which the alleged abuser can be present. The court must hold a hearing on the issues within 10 days of entering the Ex-Parte order. At the hearing both parties have a right to be present and be heard. The judge can enter a Domestic Violence Protective Order which is valid for up to one year, if the victim can show that they have been a victim of domestic violence. The order can be renewed beyond one year. The order can deal with temporary custody of the children and possession of the home and any vehicles. However, you will eventually need to file a separate custody action in family court for a permanent custody order, or for division of property, alimony, post-separation support, and child support.
A Domestic Violence Protective Order is sometimes sought out for improper purposes, and as such we can defend against an Order being improperly or illegally entered against you. Do not simply consent to not seeing or contacting the alleged victim if you have done nothing wrong, as certain rights are forfeited, such as a the right to possess firearms.
Contact us for more information on protecting your rights. If you are in an emergency situation call 911 or your local law enforcement.