Protecting The Safety Of Women, Children And Men Through Orders For Protection (Restraining Orders)
If you are a victim of domestic violence, you are not alone. It is estimated that 4 million women in the United States are victims of domestic violence each year. Although women make up the vast majority of the victims in domestic violence, men and children are also its victims.
A Local Firm Committed To Representing North Carolina Families
Scott Law Group assists victims of family violence in the Winston-Salem metro area and statewide. We have witnessed firsthand the effects of domestic violence and abuse. That is why we are committed to helping victims secure the legal protections they need to stop abuse and hold responsible parties accountable.
There are specific laws in North Carolina that provide speedy and effective protection to victims of domestic violence. 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 1979, the North Carolina General Assembly enacted the Domestic Violence Act, Chapter 50B, to deal with the growing problem of domestic violence. This statute protects a wide spectrum of possible victims of domestic violence:
- Present or former spouses
- Present or former household members
- Persons of the opposite sex who are dating each other or had dated each other
- A person who is living with a person of the opposite sex as if married
- Children and their parents or grandparents
- Persons acting in the role of a child’s parent
Under this statute, any act which attempts to cause or intentionally causes bodily injury is 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. Acts constituting first- or second-degree rape or first- or second-degree sexual offenses under our criminal code are clearly acts of domestic violence.
Obtaining A Protective Order
To obtain a protective court order against your abuser, you must file a complaint alleging the specific facts of domestic violence and your relationship with the abuser. The complaint forms are available with the clerk of superior court at any county courthouse. 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 or vehicles. The court may also order that your abuser stay away from your residence, place of employment or your children’s schools. The protective order can also protect your children, if they are also victims of domestic violence.
By law, the court must conduct 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 court 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.
All 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 another year’s term. Upon obtaining a protective order, you should send a copy of the order to your abuser and to the local police or county sheriff’s department. 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.
Learn More By Speaking With A Lawyer
Reach out and speak with us at Scott Law Group, by completing our online contact form or calling at 336-310-8569 or toll-free at 800-566-2907. We are located in Kernersville and represent clients in the Winston-Salem area and throughout North Carolina.