Wake County Domestic Violence Lawyer
What Is a 50B in North Carolina?
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)
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.
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).
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.
Ex Parte
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.
Return Hearing
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.
Serving Cary, Raleigh, & Surrounding Areas
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.
For more information, please
contact us at (919) 348-2317.
Our team can provide you with resources and support from domestic violence groups.
