| Unfortunately,
a number of divorces and separations begin with domestic
violence. The North Carolina legislature enacted Chapter 50B
of the North Carolina General Statutes to assist a spouse or
individual that was the subject of domestic violence. Chapter
50B is a civil remedy that can among other things immediately
get the perpetrator of domestic violence out of the house so
as to protect the victim. The domestic
violence statutes in North Carolina not only protect Husbands
and Wives but also parties that have lived together, have a
child in common or are otherwise related by blood. The process
for obtaining a domestic violence protective order is to file
the appropriate paperwork with the Clerk of Court in the
county where the alleged event took place. The Clerk of Court
will then take the paperwork before a judge and you will be
asked certain questions about what you have alleged happened
between you and the other party. If the judge finds that
domestic violence has taken place, he/she will issue an ex
parte (without the other party present) domestic violence
protective order and set a return hearing date within 10 days.
The return date will give the sheriff’s department a chance
to serve the ex parte domestic violence protective order on
the other party. On the hearing date, the other party will be
present and able to present his/her evidence in defense of the
allegations made by the victim. If the Court finds after a
hearing that domestic violence has taken place the remedies
available to the court are varied, including but not limited
to a restraining order for a period of one year, temporary
custody and temporary support. It is important to note that
the order entered by the Court is valid for one year unless a
petition to extend the order is filed and granted. If you have
obtained a domestic violence protective order that awarded you
custody, it will expire one year from the date it was entered
or sooner if ordered by the Court.
After the other
party has been served with the domestic violence protective
order (either the ex parte or the final order) then he/she
shall not contact the victim in any manner, including emails,
voicemail, through third parties or otherwise or they will be
in violation of the order. A violation of this provision is a
criminal misdemeanor and the party violating this provision
can be arrested and placed in jail pending a bond.
Often but not
always, a criminal assault or other charge is filed in
conjunction with a domestic violence action under Chapter 50B.
This is a very serious matter and you should consult your
attorney prior to dealing with either your Chapter 50B case or
your criminal matter as the same evidence that may be
introduced in one may be used at the other hearing even though
the outcomes and consequences are different. The criminal
matter is a charge depending on your prior record that may
involve jail time and should not be taken lightly.
If you are the
victim or the alleged perpetrator of domestic violence it is
important to know what the laws are surrounding the North
Carolina Domestic Violence laws. Further, it is important to
understand how a domestic violence action may ultimately
affect your custody, visitation, alimony or other such rights
as the divorce and separation progresses.
If you are
currently involved in divorce or foresee one, it is important
that you know the law that are there protect your rights and
your children. Please contact our office today for legal help
in your separation, divorce or child custody matters. The
Williams Law Group, PC will use proven legal strategies,
strong evidence and aggressive negotiating to ensure that you
present the strongest case. We can be reached at (919) 773-1440
or via email at: info@NCDivorcelaw.com.
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