Protecting Yourself and Your Family
If you have been a victim of domestic violence, you need to take action immediately to prevent further physical or emotional harm to yourself and your family, especially when there are children in the home. Research has shown that domestic violence can occur in any home. It does not matter what the race, religion, sexual orientation, social status, or financial status of the individual might be.
In North Carolina, the attorneys at the law office of Haas & Associates, P.A. can help you seek legal protection from acts of domestic violence done to you or your minor child by someone with whom you have had a personal relationship. This means you can seek protection from—
- Your spouse or ex-spouse
- A person of the opposite sex with whom you live or used to live
- A same-sex partner who is or has been a household member
- Someone you are related to, including parents, children, grandparents and grandchildren over the age of 16
- Someone with whom you have a child in common
- A current or former household member
- Someone of the opposite sex whom you are dating or have dated
Civil Orders of Legal Protection
Legal protection usually means a Domestic Violence Protective Order (DVPO), which is also called a restraining order, a 50-B protective order, or a 50-C civil no-contact order. It is a court order that is signed by a judge and orders the abuser to stop threatening, harassing, stalking or otherwise interfering with the victim. Most protective orders require that the abuser remain a certain distance away from the victim, the victim's residence and the victim's workplace. In certain situations, this order may also require the abuser to stay away from the children or where the children go to school or daycare. It offers civil legal protection from domestic violence to both female and male victims, as well as to children.
Contact us at 919-783-9669 today to discover how we can help you deal with various types of domestic violence.
The courts can issue a DVPO at different stages in the same case: an Ex-Parte (emergency; without the other side being present) DVPO and a Final DVPO (which is valid up to one year, but can be renewed). The Ex-Parte is a temporary order that protects the alleged victim and sometimes the minor children until the alleged abuser has had a chance to be heard in court. Ex-Parte orders can be obtained without an attorney present, and there are no court fees for getting one. A Final DVPO is issued after a court hearing, which must occur within ten days of issuance of the Ex-Parte temporary order (unless a continuance is granted). Final DVPOs can be in effect for up to one year, but they can be renewed for an additional 2 years. Issues such as temporary custody of the children and possession of the residence and/or vehicles can also be dealt with in the DVPO, but they are only temporary. For permanent resolution regarding these issues, the parties need permanent settlement agreements or a court order.
It is also important to note that anyone who violates a DVPO can be arrested and criminally charged for the violation.
Criminal charges are an option in many cases. Proceedings in criminal court are completely separate from the proceedings in civil court. Domestic Violence Protective Orders (DVPOs) are civil remedies, not criminal penalties. If you are a victim and your abuser has been charged with a crime related to the abuse, it is important to understand that you may be called to testify or otherwise cooperate with the district attorney who is prosecuting your abuser in criminal court. However, regardless of the outcome of the criminal proceedings, you should still consider and seek a civil DVPO to ensure your safety. The district attorney is unable to procure a civil DVPO for you.
If you have been arrested for or accused of committing the types of domestic violence described here, it is important to consult attorneys with experience in both the civil realm (any DVPOs or other restraining orders and potential custody or property issues) as well as the criminal realm. There are often multiple actions in separate courtrooms relating to the same incident.
The laws governing domestic violence are complex. The experienced family law attorneys of Haas & Associates, P.A. can guide you through the legal processes