Miller Bowles Law has Charlotte domestic violence attorneys with the experience, skill, and dedication to help with your North Carolina domestic violence case. Contact us to schedule a consultation.
Domestic violence is the act of committing attempted bodily injury, intentionally causing bodily injury, or placing a person in fear of serious imminent serious bodily injury, or placing a person or a member of the aggrieved party’s family or household in fear of continued harassment that inflicts substantial emotional distress.
The acts constituting domestic violence must be committed by a person with whom the aggrieved party has or has had a personal relationship. “Personal relationship” means the parties: are current or former spouses; are persons of the opposite sex who live together or have lived together; are related as parents (including stepparents) and children, or grandparents and grandchildren, except a parent or grandparent may not obtain a protective order against a child or grandchild under 16; have a child in common; are current or former household members; or are persons of the opposite sex who are in or have been in a dating relationship.
Persons who are the victim of domestic violence have the right to ask the Court to enter an order that forbids their abuser from having contact with them for up to one year. Emergency relief is available, and the Court can award the victim of domestic violence possession of the residence, temporary child custody, financial support, possession of a vehicle, and attorneys fees.
Victims of domestic violence often fall into the cycle of domestic violence that starts with an act of violence, tension building, making up/apology, the calm, and then back to the act of violence again. You can stop the cycle of domestic violence by taking the first step to remove yourself or your abuser from the situation. You should implement a safety plan, which includes obtaining a domestic violence order of protection, or “restraining order”. Doing so could save your life.
Once you have a domestic violence order of protection in place, you can ask the Court to renew it for up to two years upon the expiration of the original order. There is no limit to the number of times you can seek a renewal of a domestic violence order of protection.
If your abuser violates the terms of the domestic violence order of protection, he or she can immediately be arrested for violating the order. Violation of the order includes contacting you, either directly or indirectly, or committing another act of abuse or threat of abuse. The domestic violence order of protection can be enforced by filing a motion for contempt, and by criminally prosecuting the act of domestic violence if it violates any criminal statute.
There are several community organizations that offer support to victims of domestic violence. When you are armed with the support of these community organizations and an attorney to represent you in your case, it is possible to feel empowered to overcome the cycle of abuse.