Domestic Violence
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Domestic violence refers to any act which attempts to cause or intentionally causes bodily injury, or a threat of force that places a person in fear of immediate injury. The issue is governed by Chapter 50B of the North Carolina General Statutes. The statute applies to persons in the following types of relationships:
If you are a victim of domestic violence, you can seek a civil protective order, even if there are no criminal charges filed. In order to do so, you must file a complaint on forms that are available at the Wake County Courthouse, and are available at the link below. There will be an ex parte hearing (meaning the other party is not present) in Courtroom 9A, and based on the facts you state in the complaint, the judge may issue an ex parte order, to protect you until a full hearing can be had. Under current law, the court must set a return hearing date within 10 days after issuing the ex parte order. If the defendant has been served and appears at the 10-day hearing, there are several things that can happen. The defendant may request a continuance, in which case the judge will set a new date and continue the ex parte protective order. The defendant may consent to the protective order and agree to stay away, in which case both of you will sign a consent order with basically the same provisions as a protective order. If not, then the hearing will proceed, and you will have to testify about what you stated in your complaint. If the judge grants the protective order, it can contain specific provisions which may give you possession of your home, your vehicle, and order the defendant to stay away from specific places, such as your job or your relatives' homes. If the judge grants a protective order, and you have children with the defendant, the judge can also consider the issue of temporary custody upon the request of either party. The court can order a schedule of visitation, or order the parties to set up supervised visitation with an approved third party or agency, if necessary. This will be stated in an addendum to the protective order, and will expire at the same time. Even if the judge addresses temporary custody at the domestic violence hearing, this does not resolve the custody issue, and you still need to file an independent action for custody or make sure that a custody agreement is in place before the expiration of the protective order. Domestic Violence On-line Resources:North Carolina General Statutes Chapter 50-B Link to Domestic Violence Forms (search with keyword domestic violence) Interact of Wake County Legal Aid Other Resources http://www.doa.state.nc.us/cfw/cfw.htm http://www.ncdoj.com/victimscitizensservices/vscs_domestic_violence.jsp http://www.aardvarc.org/dv/states/ncdv.shtml http://www.aoc.state.nc.us/magistrate/50b.htm Contact Heather Williams at Crawford & Crawford, LLP, Attorneys at Law at 919-510-8140 to schedule an initial family law consultation to discuss issues of domestic violence. |
