If you or your child is a victim of abuse or domestic violence don’t wait until it is to late, get help now. In North Carolina the legal protection from domestic violence is a Domestic Violence Protective Order which is commonly called a restraining order or a 50-B protective order. All three terms simply mean that the court orders the abuser to stop threatening, harassing, stalking or otherwise interfering with the victim. Most protective orders require the abuser stay away from the victim, the victim’s home, and the victim’s workplace. The order may also prevent the abuser from going to the children’s daycare or school. In order to get a 50-B protective order you must be in a “personal relationship” with the abuser. Generally, this means that you are married or were married to the abuser, have a child or grandchild in common, live with the abuser, or are dating or were dating the abuser. The abuser must have caused you physical harm or tried to cause you physical harm or the conduct of the abuser has placed you in imminent fear of serious bodily injury.
In an emergency, the court can hear from the victim without the alleged abuser present. The court can enter an ex parte order which is a temporary order that is valid until the court can hear from both parties. The court must hold a hearing on the issues within 10 days of entering the Ex-Parte order. At the hearing both parties have a right to be present and be heard. The judge can enter a Domestic Violence Protective Order which is valid for up to one year. The order can be renewed beyond the one year. The order can deal with temporary custody of the children and possession of the home and any vehicles. However, you will need a separation agreement or you will need to file a separate action in court to fully resolve the issues of child custody, child support, alimony, and property division.
Contact the McIlveen Family Law Firm for more information on your rights. If you are in an emergency situation call 911.