Charlotte Domestic Violence Attorney
Being the victim of violence or the threat of violence within one’s own home is a terrifying experience. For those who are experiencing domestic violence, it’s important to remember that there is help available.
At the office of the Speaks Law Firm, PC, our Charlotte domestic violence attorney can help you to seek an order of protection and navigate the family law system, including the process of divorce, seeking custody of your children, and more. For the help and support you need, reach our law firm today.
How Is Domestic Violence Defined in NC?
Domestic violence involves two parties: the victim, and the abuser. In order for the violence to qualify as “domestic violence,” the abuser must live within the victim’s home or must have a personal relationship with the victim. A personal relationship includes being a spouse, former spouse, parent, child, grandparent, grandchild, household member. Persons who have a child in common or who are in a dating relationship are also considered to have a personal relationship.
Violence in this case, as found in Chapter 50B of the North Carolina Code, includes:
- Attempting to cause bodily injury to the victim;
- Intentionally causing bodily injury to the victim;
- Placing the victim in fear of imminent serious bodily injury or continued harassment that is severe enough to cause emotional distress; and
- Sexual assault.
How to Get a Protective Order in North Carolina
If you are a victim of domestic violence, you maintain the right to seek a protective order. You can file a domestic violence protective order by visiting your local district court. There is no charge for filing a domestic order protective order.
After you file your paperwork, you will talk with a judge who may grant an ex parte order or an emergency protective order. This is a type of short-term protective order that lasts until the official hearing date. You will need to serve your spouse (through the court, the police, or a process server) with your petition. During the hearing, both parties, including the abuser, will have an opportunity to present evidence supporting their case.
Why It’s Important to Work with a Charlotte Domestic Violence Attorney
f you are successful in acquiring a domestic violence protective order, the defendant (abusive party) will be ordered by the court to stay away from your home, school, workplace, etc., and refrain from contacting you. An order of protection can also be used to grant you temporary custody of your children, allow you to stay in your home, and order the abusive party to surrender any firearms.
For your safety and, in some cases, the safety of any children, working with an attorney is critical. An attorney can help protect you and improve your chances of your hearing resolving in your favor.
Call the Speaks Law Firm, PC Today
At the Speaks Law Firm, PC, we understand how serious domestic violence is and we are committed to helping victims of domestic violence. For the legal support you need at the time you need it most, call our Charlotte domestic violence attorneys directly. We are here for you.