Domestic Violence Lawyers in Cary
If you are a victim of domestic violence, you are not alone. It is estimated
that more than 4 million women in the United States are victims of domestic
violence each year. Although women make up the vast majority of the victims
of domestic violence (85%), men and children are also its victims.
There are specific laws in North Carolina that provide quick and effective
protection to domestic violence victims. If your spouse is uncontrollably
violent and you believe that you or your children are in danger, then
you should immediately call the police. When you have reached a safe haven,
you should then call the domestic violence agency in your county which
will give you additional advice and directions to a shelter if you are
fearful of returning home.
In Wake County, North Carolina, you can contact InterAct of Wake County's
24 Hour Crisis Line at
919-828-7740 or
866-291-0855 (toll-free).
North Carolina Domestic Violence Laws
In 1979, North Carolina General Assembly enacted the Domestic Violence
Act, Chapter 50B, to deal with the growing issue of domestic violence.
This statute protects a wide spectrum of domestic violence victims, including:
- Current or former spouses;
- Current or former household members;
- Persons of the opposite sex who are dating each other or have dated each other;
- A person who is living with a person of the opposite sex;
- Children and their parents or grandparents;
- Persons acting in the role of a child's parent; and
- Persons who have a child in common.
Under this statute, any act which attempts to cause or intentionally causes
bodily injury is classified as domestic violence. Any act which places
a person in fear of "imminent serious bodily injury" by threatening
the use of force is also domestic violence. This also covers acts of "continued
harassment," which can include unwanted telephone calls, text messages,
electronic messages, and/or e-mails that terrorize or torment a person
(and serve no legitimate purpose) can constitute domestic violence. Acts
constituting first or second degree rape of first or second degree sexual
offense under the North Carolina criminal code are clearly acts of domestic violence.
Restraining Orders for Victims
To obtain a protective court order against your abuser, you must file a
complaint at your county courthouse (or if the courthouse is closed, with
your local county magistrate) alleging the specific facts of domestic
violence and your relationship to the abuser. The complaint forms are
available from the Clerk of Superior Court at all county courthouses in
North Carolina (or from the magistrate's office after regular courthouse
hours). By law, no court costs will be assessed for the filing of a complaint
for domestic violence seeking a protective order.
Based upon your complaint, the court may issue an ex parte protective order.
Ex parte is a legal term meaning that the court entered the order based
on a hearing in which one of the parties was not present. The court can
order that you be given possession of your home, personal property, household
possessions, vehicles, and animals kept as pets. The court may also order
that your abuser stay away from your residence, place of employment or
your children's schools.
By law, the court must conduct a second hearing (a "return hearing")
within 10 days after issuing an ex parte protective order. At that hearing
you will again testify to the specific facts of domestic violence. Your
abuser will also have the opportunity to testify in his or her own defense.
Witnesses may be called to testify as well. If the presiding judge is
convinced that acts of domestic violence took place after hearing testimony
from the parties and any other witnesses, the court will issue a permanent
protective order which is effective for one year.
Renewing Protective Orders
Protective orders terminate after one year. Prior to its termination, a
victim may apply to the court for the renewal of his or her protective
order for up to an additional two-year term (which can later then again
be renewed for "good cause" prior to the expiration of the renewed order).
Upon obtaining a protective order, you should send a copy of the order
to your abuser if you believe that he or she has not already been served
with it by law enforcement (note that the Sheriff's Department in your
county will attempt to serve the order on your abuser as soon as possible).
You should also keep a copy of the protective order ready at hand if there
is any future need to call the police for protection against your abuser.
For more information, please
contact us at (919) 348-2317. We can provide you with resources and support from
domestic violence groups.
