Domestic violence cases can be complex and challenging as they involve legal, emotional, and practical issues. Those seeking protective orders, as well as those who are accused of domestic violence, have the right to receive equitable, compassionate, and thorough legal support. With a deep understanding of North Carolina’s legal landscape, our Mooresville domestic violence restraining order lawyers are here to help in obtaining or challenging these orders.
Domestic violence includes any act of violence or the threat of violence perpetrated by one party against another party, including children and minors. These actions can be attempting or intentionally causing physical harm or inducing fear of serious bodily harm, engaging in ongoing harassment, committing sex crimes such as rape, sex crimes against children, and inflicting significant emotional distress.
To be considered domestic violence, both parties must be in a personal relationship, such as former or current spouses, have familial bonds, co-parents of a child, dating or formerly dating couples, or even former roommates or household members.
A Domestic Violence Protective Order (DVPO), or “50B,” provides civil legal protection against domestic violence and is commonly known as a restraining order. This is a legal document that a judge must sign, which requires the alleged abuser to immediately end the abusive behavior immediately, warning of severe legal consequences otherwise. North Carolina has two kinds of DVPOs: final domestic violence protective orders and ex parte or temporary protective orders.
An ex parte/temporary protective order is an order issued by the court that is intended to provide instantaneous protection from an alleged abuser and offers a temporary solution until a formal hearing can be conducted. If there is an assumed danger to yourself or to your children that requires immediate attention, a judge may grant an ex parte order that same day or within 72 hours of when you filed a complaint for a domestic violence protective order.
To receive a domestic violence protective order that is final, there will need to be a court hearing. The court must serve a notice to the alleged abuser about the hearing so that they can attend if they want. Once the order is finalized, it lasts up to one year but can be extended an extra two years, except for any custody provisions.
Since Domestic Violence Protective Orders are designed to protect individuals from domestic violence, a DVPO is not a criminal charge. But if the alleged abuser violates the DVPO, it can lead to legal consequences.
The process usually begins with the filing of a complaint for a DVPO. This involves submitting a written statement or petition to the clerk of court in the county where the person resides or where the alleged abuse occurred. This is also when the ex parte/temporary protective order can be obtained.
The court will then schedule a hearing to consider the request for the DVPO. The hearing is usually held within ten days of the complaint filing. The alleged abuser must be notified of the hearing date and the allegations against them, usually done through a formal legal notice.
During the court hearing, both parties have the opportunity to present their cases. The court will consider evidence, witness testimonies, and other relevant information. If the court finds that domestic violence occurred, a DVPO may be issued. The order will outline specific provisions and is effective for one year, but an extension can be requested for another two years.
It is important to keep in mind that this is a general overview of the process, and details may vary based on the unique circumstances of each case. It is recommended to consult with an experienced domestic violence restraining order attorney from Lassiter & Lassiter Attorneys at Law who can help with navigating the complexities of the legal system.
There are various provisions designed to protect the individual in Mooresville, NC, seeking the order. The specific provisions can vary based on the circumstances of the case, but here are common elements that may be included in a DVPO:
The order will also include an outline of the consequences of violating its terms, such as fines, imprisonment, or additional charges. The decision on these issues is up to the judge and is dependent on the specifics involved in your case.
Accusations and charges related to domestic violence demand careful and attentive legal handling. Whether you are filing charges or defending against accusations, choosing appropriate legal assistance is crucial for ensuring a fair and productive trial. Lassiter & Lassiter Attorneys at Law is here for you. We offer experienced support for a range of charges, including those about family law and domestic violence. To learn more, please visit our website and contact us for a consultation today.
Call our office at 704-873-2295 or email us today.
Attorney Mike Lassiter grew up in Statesville, makes his living serving the people of Statesville and published a book capturing the changing landscape of small town life across North Carolina and Iredell County. His keen sense of history, dedication to the area and 30 years of legal experience make him an ideal attorney for your legal needs.
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