Domestic Violence Protective Order
According to the National Coalition Against Domestic Violence, one in three women and one in four men have experienced domestic partner abuse. Domestic violence is not only common, it’s also against the law, and by issuing a domestic violence protective order, courts have the power to protect abuse victims.
At the Olsinski Law Firm, PLLC, our dedicated family law attorneys routinely obtain protective orders on behalf of men and women who have been the target of abuse, harassment, stalking or threats. We understand the position you are in and how to help you free yourself of others’ abusive and illegal actions. Call a domestic violence / family law attorney at the Olsinski Law Firm, PLLC; we handle cases in Huntersville, Matthews, Charlotte, Concord, Kannapolis and all surrounding areas.What Constitutes Domestic Violence in North Carolina?
North Carolina General Statute § 50B defines domestic violence as any of the following acts committed against someone with whom the actor has a personal relationship:
- Intentionally causing or attempting to cause bodily injury;
- Placing another in fear of bodily injury;
- Continued harassment; or
- Crimes of violence or sexual abuse.
In this context, “personal relationship” refers to current or former spouses, people of the opposite sex who have lived in the same home, those who have a child together, and those who are or have ever been in a dating relationship. Individuals who presently or previously lived in the same home also fit within the definition of a personal relationship.What Does a Domestic Violence Protective Order Do?
Victims of domestic violence do not have to suffer in silence. North Carolina General Statutes § 50B provides immediate and substantial relief through a domestic violence protective order. If the court finds that an act of domestic violence has occurred, then the following relief may be available to you through a protective order:
- Prohibiting the other party from directly or indirectly contacting you;
- Awarding possession of a home;
- Granting temporary custody of minor children or pets;
- Granting possession of an automobile or other personal property;
- Ordering the other party to make child support or spousal support payments;
- Prohibiting the other party from engaging in threats, abuse, harassment or stalking:
- Prohibiting the other party from purchasing a firearm; and
- Requiring the other party to complete an approved domestic violence treatment program.
If you have experienced an attempt by someone close to you to cause bodily injury, or you have suffered an injury, or have been placed in fear of imminent serious bodily injury or continued harassment, then you are not alone. The Olsinski Law Firm is here to assist you.How to Obtain a Domestic Violence Protective Order in North Carolina
To obtain a domestic violence protective order, you must first complete a domestic violence protective order complaint form, which is available online or through the clerk of the court. Once you complete the paperwork, you must sign it in front of a notary. Ideally, the sheriff will be able to locate your abuser and serve them with a copy of the complaint. However, you can request an ex parte order, in which a judge can issue a 10-day protective order without the other party’s presence. If the court grants an ex parte emergency order, a hearing will be held within ten days, where you must prove an act of domestic violence. If the court grants the order, it will last for one year, at which point you can request an extension of a domestic violence protective order.Have You Been the Victim of Domestic Abuse, Stalking, Harassment or Threats?
If you are in an abusive relationship, you do not need to suffer in silence. Instead, reach out to the Olsinski Law Firm, PLLC, and let us help you obtain a domestic violence protective order. We’ve obtained hundreds of restraining orders on behalf of our clients and know what it takes to get you the protection you desire. We also handle other family law matters, such as child support, child custody, divorce, and legal separation, meaning we can address all of your needs so you can start the process of moving on with your life as quickly as possible. To learn more, and to schedule a free consultation with a Charlotte family law attorney, give us a call at 704-405-2580. You can also reach one of our Concord family law attorneys at 704-918-4747. We represent clients in Mecklenburg, Gaston, Cabarrus, Iredell, Rowan, and Union Counties.