Domestic Violence Protective Order
If your marriage experiences physical and/or emotional abuse, the laws of North Carolina provide you with the protection you deserve. A Domestic Violence Protective Order, otherwise known as a Restraining Order or a “50B,” provides you with the necessary protection to guard you from another’s threatening acts.
To discuss your case with a family law attorney, contact us today. We offer a consultation with no obligation to explain your rights and options.
Domestic Violence Protective Orders and Divorce
During a divorce, a domestic violence protective order can be used as both a sword and a shield. As a victim of domestic violence, a protective order can help you feel more secure at home, at work and all other aspects of your life. Domestic violence should not go unreported, we are experienced to fight for your rights if you are a victim of domestic violence.
As your advocate, we will help you navigate through the complexities of the situation involving domestic violence, in order to help you determine the right steps to make. Our attorneys also understand the difficulties accompanied with speaking to anyone, including an attorney, about a personal matter such as domestic violence. Our lawyers recognize it is important to protect victims of domestic violence, as well as your safety, often times, the safety of your children.
Defending Against False Allegations of Domestic Violence
Unfortunately, there are also individuals who abuse the relief offered by domestic violence protective orders to improperly gain leverage in highly contested or highly adversarial divorce cases. If you are unjustly accused of domestic violence or have a domestic violence protective order in place against you, there can be significant consequences against you in the outcome of your divorce or family law case. These types of restraining orders or domestic violence protective orders can impact your employment, your ability to gain employment, your reputation or otherwise have a devastating impact on your divorce or family law case.
Domestic violence protective orders or restraining orders often prohibit you from having direct or indirect contact with the opposing party, prohibit you from having contact with your children, prohibit you from going to your children’s school, or can prohibit you from possessing firearms, which can be problematic for members of the armed forces, service members, police officers and other members of security.
An alleged victim of domestic violence can ask for 50B protective order without notifying the other party. The judge can impose a temporary order based solely on the testimony of the alleged victim. After 10 days, the judge will hold a hearing to determine whether the order will remain in effect for one year.
If you are served with a domestic violence protective order or restraining order, it is important you contact our experienced lawyer to represent you. If you have been served with a domestic violence protective order or restraining order, any violations of the Order may also result in subsequent criminal charges, which can result in you having a permanent criminal record, if you are convicted.
We understand the challenges involved in defending against harsh allegations of domestic violence. In retaining one of our firm to represent you, you will have the confidence that we are experienced to help you during this difficult time.
If you have been falsely accused of domestic violence, we will immediately take the appropriate legal actions to protect your rights.