Domestic Violence Protective Orders

Domestic Violence Protective Orders

Get Help from an Experienced Family Lawyer in Huntersville, NC

If you are experiencing stalking or any type of abuse from a spouse, ex-spouse, partner, or another family member or person you’re living with, you have options. Obtaining a protective order is an important step to put an end to this vicious cycle. Commonly referred to as restraining orders, domestic violence protective orders and civil no-contact orders will prohibit your abuser from continuing to harm you. They may also include other provisions, such as prohibiting him or her from contacting you or coming within a certain distance of you or your children.

As a board-certified family law specialist, I can offer the legal help you need to obtain a protective order. I have served families in Huntersville and the surrounding communities for over a decade and am ready to put my experience to work for you.

Call (980) 223-3340 to learn more about applying for a domestic violence protective order in the Huntersville area.

Please note: If you are in immediate danger or fear for your safety, call 911. You can also call the National Domestic Violence Hotline at 1-800-799-7233 or visit www.thehotline.org.

What Does a Protective Order Do?

A protective order prohibits certain conduct. It is a court order, and violating it can have serious repercussions, including arrest and imprisonment. Filing for a domestic violence protective order can also provide clear evidence that abuse has occurred, which may support your divorce, child custody, alimony, or visitation case.

Depending on the specific situation, a protective order may:

  • Prohibit the abuser from coming within a certain distance of the victim and the victim’s children
  • Prohibit the abuser from contacting the victim in any way
  • Grant temporary custody of children and/or pets to the victim
  • Grant temporary child support and alimony to the victim
  • Prohibit the abuser from engaging in certain conduct or actions
  • Prohibit the abuser from possessing or purchasing a firearm
  • Force the abuser to move from a home shared with the victim

Accurately presenting your case will be an essential part of ensuring your domestic violence protective order does what it is meant to do: protect you from further harm. I can work closely with you to make sure we follow the right steps in filing and getting you the protection you need.

Filing a Protective Order in North Carolina

To get a protective order in North Carolina, you will need to fill out and file a complaint with the court. You can visit the office of the clerk of civil court or the magistrate’s office and can start by filing for an emergency ex parte or temporary protective order, which lasts for 10 days and can give you the opportunity to file a full complaint to obtain a permanent protective order. Ex parte orders are filed without the presence of the other party at the hearing and can offer immediate protection.

Your complaint should be clear and detailed, offering convincing information and evidence of the abuse you have experienced, as well as the abuser’s contact information and identifying information.

After your complaint is filed, the sheriff’s office will serve your abuser with the complaint and a civil summons to appear in court. You and your abuser will need to attend a hearing, which will be held within 10 days of the date that you filed your complaint.

The Protective Order Hearing

At your hearing, your complaint will be reviewed, and you will need to present evidence to the judge that you have experienced some form of abuse. If the judge decides to grant your protective order, it will last for one year, but you can request an extension.

Having an attorney such as myself to represent your interests at your hearing can make a significant difference in its outcome. This is particularly relevant if your abuser hires an attorney of his or her own, as you would be at a considerable disadvantage without your own counsel. In any event, an attorney can present your case in a clear and compelling manner to pursue the protective order you need.

For more information on filing for a protective order in Huntersville or anywhere in North Carolina, call (980) 223-3340 or contact my firm online.

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