Charlotte Domestic Violence Attorney
Lawyers Experienced in Protective Orders & Domestic Violence
Each year, an estimated 10 million children are witnesses to some form
of domestic violence. Statistics show that one in four women will be victims
of domestic violence during their lifetime. A report from the State Attorney
General’s office concludes that 122 North Carolinians were victims
of homicide stemming from domestic violence in 2012, with Mecklenburg
County being the second highest number of domestic violence-related deaths
in North Carolina.
Victims of domestic violence do not have to suffer alone. Any person residing
in North Carolina may seek a Chapter 50B, Domestic Violence Protective
Order (DVPO). This includes both women and men. At Rech Law, P.C., our
domestic violence attorneys in Charlotte can help you seek this type of protective order.
To have standing, or the ability to file a claim, under Chapter 50B, a
party must have a “personal relationship” with the person
against whom he or she is seeking a DVPO.
North Carolina law has defined a “personal relationship” as
meaning a relationship between:
- Current or former spouses;
- Persons of the opposite sex who live together or have lived together;
People who are related as parents and
children or as grandparents and grandchildren;
People who have a
child in common;
- People who are current or former household members; or
- Persons of the opposite sex who are in a dating relationship.
Those without a personal relationship in
Charlotte, North Carolina may still be able to file under a Chapter 50C, Civil No-Contact Orders.
For the North Carolina judge to be able to grant a Chapter 50B, DVPO, the
judge must find that the defendant committed one or more of the following acts of
domestic violence in Charlotte, North Carolina.
These acts of domestic violence include:
- Intentionally caused bodily harm to the plaintiff;
- Attempted to cause bodily harm to the plaintiff;
- Placed the plaintiff in fear of imminent serious bodily harm; or
- Placed the plaintiff in fear of continued harassment that rises to such
a level to inflict substantial emotional distress.
If a judge from North Carolina finds an act of domestic violence has occurred,
the judge can grant an emergency ex parte temporary order which can last
up to 10 days in
Charlotte. After the 10 days, there will be a second hearing to see if a permanent
order is an appropriate form of relief.
A permanent DVPO can last up to one year in Charlotte, North Carolina and
can include the following types of relief, per N.C.G.S. §50B:
- Order the defendant to refrain from threatening, abusing, harassing, or
following the plaintiff;
- Grant to a party possession of the residence or household of the parties
and exclude the other party from the residence or household;
temporary custody of minor children and establish temporary visitation rights pursuant to G.S. 50B-2;
- Order the eviction of a party from the residence or household and assistance
to the victim in returning to it;
- Provide for possession of personal property of the parties, including the
care, custody, and control of any pets; or
- Prohibit a party from purchasing a firearm for a time fixed in the order.
A person charged with domestic violence in Charlotte, North Carolina who
knowingly violates a valid protective order, can be found guilty of a
Class A1 misdemeanor.
A DVPO may be renewed for a fixed period of time. The plaintiff must show
there is good cause for the renewal and must file a motion to renew before
the expiration of the current order. However, a temporary award of custody
entered as part of a protective order may not be renewed. It is important
to seek a
custody action prior to the expiration of the protective order.
What Type of Case is Domestic Violence?
A domestic violence case is the type of case that could be both civil and
criminal at the same time as a result of the same acts of violence. It
may be best for you to seek criminal and civil action suits for maximum
protection. The only main exception is who is responsible for taken that
criminal case to court for that reason.
If you are in immediate need of protection, do not wait any longer. At
Rech Law, our domestic violence lawyers serving Charlotte, North Carolina will
be your advocate during this stressful time of your life and be there
to guide you through this process. You can rely on our
Charlotte domestic violence attorneys to provide you with strong family law representation and sound legal guidance.
Contact us online or call (704) 659-0007 to schedule a consultation in Charlotte, North Carolina.