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How Do I Get a Domestic Violence Protective Order?
How Do I Defend Against a Domestic Violence Protective Order?
The Relationship Required for Domestic Violence Protective Orders: Hendersonville, NC
In addition to the criminal side of domestic violence cases, there are civil remedies that may be sought. The civil statute in North Carolina that deals with domestic violence applies to persons with the following relationships: current or former spouses, current or former household members, parents and children, grandparents and grandchildren, or persons acting as parents to a minor child, persons with a child in common, or persons of the opposite sex who are in a dating relationship or who have been in a dating relationship. Mr. Jones, as a domestic violence lawyer in Hendersonville, NC, aggressively represents clients facing these issues.
What Violence is Required For a Domestic Violence Protective Order?: Hendersonville, NC
When one of the persons described above attempts to cause bodily injury or intentionally causes bodily injury, the domestic violence 50B statute applies. And you can also file an action if a family member or other household member is placed in fear of imminent serious bodily injury. In addition, continued harassment rising to a level that causes substantial emotional distress or committing a sexual offense against another or that party’s minor child can be grounds to file a domestic violence action. Mr. Jones, as a domestic violence lawyer in Hendersonville, NC, aggressively represents clients facing these issues.
The Court’s Domestic Violence Protective Order
1. Emergency Relief for Domestic Violence in Hendersonville, NC
In situations where a party believes that there is a chance of serious and immediate injury to herself/himself or to a minor child, that party can bring an action for an emergency domestic violence order. These orders are temporary and can be entered without the presence of the defendant party. A hearing on the matter is then scheduled within a very short period of time, usually within 10 days. Mr. Jones, as a domestic violence lawyer in Hendersonville, NC, aggressively represents clients facing these issues.
2. Domestic Violence Protective Orders in Hendersonville, NC
After a hearing to determine the allegations of domestic violence, the court may enter an order that could last up to one year. That order could be renewed for another one year term if circumstances require. The protection awarded in a domestic violence order is broad and in the court’s discretion including: ordering the defendant to stop their actions, ordering possession of the residence to the aggrieved party, order spousal and child support, banning the defendant from purchasing firearms, attorney’s fees, and any other civil relief that could arise under landlord/tenant law. Mr. Jones, as a domestic violence lawyer in Hendersonville, NC, aggressively represents clients facing these issues.
3. Temporary Child Custody Orders for Domestic Violence in Hendersonville, NC
In certain emergency domestic violence situations, the court may issue temporary custody orders without the presence of the defendant. But in non-emergency situations, the court holds a hearing and then may enter an order that addresses temporary custody and visitation rights. All factors considered should focus on the best interests of the child when granting a 50B domestic violence order. The main difference from the custody section of the statute and the rest of the domestic violence statute is that the temporary custody order is not renewable past the one year period. If parties want to address child custody on a more permanent basis, they must file an action for child custody instead. Mr. Jones, as a domestic violence lawyer in Hendersonville, NC, aggressively represents clients facing these issues.
Enforcement of the Domestic Violence Protective Order: Hendersonville, NC
Law enforcement officers have the authority to arrest those if probable cause is present that the defendant has violated the domestic violence protective order. If the defendant is arrested, they will have certain rights regarding bail and appearing before a judge. Also, officers must respond to a request for assistance as soon as practicable. This may even include transporting the victim to another location for their protection. Mr. Jones, as a domestic violence lawyer in Hendersonville, NC, aggressively represents clients facing these issues.
Disclaimer: The information contained on this page is merely for educational purposes only. There are certain statute and case law not included here that you may need to consult. No legal advice is being given to the viewer of these webpages. No attorney client relationship is created between you, the reader, and the attorney named in this website. An attorney client relationship is only created between you and the attorney after you have met with the attorney in-person and the attorney has agreed to represent you. As in any case, the facts and circumstances of each client may change the outcome of the case. And always, the law in North Carolina is continuously changing and being updated. Schedule an appointment to talk with an attorney before you take any legal action.
Mr. Jones is a domestic violence lawyer in Hendersonville, N.C.