Cary Domestic Violence Attorney

Experienced Domestic Violence Lawyers Serving Wake County, NC

Unfortunately, domestic violence is not an uncommon occurrence. Approximately 4 million women in the United States are victims of domestic violence each year. Often, domestic violence leads to divorce and separation in many relationships. Regardless of whether the parties are married or unmarried, living together or apart, separated or dating, domestic violence affects people in all types of relationships. In addition to physical abuse, domestic violence can also take the form of emotional abuse, verbal abuse, and sexual abuse.

If you have been domestically abused, learn about the options of how to protect yourself from our compassionate Cary domestic violence attorneys at Montgomery Family Law today.

To speak to an experienced Cary domestic violence lawyer, give us a call at (919) 348-2317 or contact us online today.

What Is a 50B in North Carolina?

In 1979, North Carolina General Assembly enacted the Domestic Violence Act (N.C. Gen. Stat. § Chapter 50B), to deal with the increasingly recognized issue of domestic violence. This statute protects a wide spectrum of individuals, including:

• Current or former spouses.
• Current or former household members.
• People of the opposite sex who are dating each other or have dated each other in the past.
• People living with a person of the opposite sex.
• Children and their parents or grandparents.
• People acting in the role of a child's parent.
• People who have a child in common.

Under this statute, any act which intentionally causes, or attempts to cause, 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, as are sexual violence and non-consensual sexual contact.

The statute also protects against acts of "continued harassment," which consists of unwanted communications that serve no legitimate purpose. These communications can include:

• Face-to-face confrontations.
• Telephone calls.
• Text messages.
• Electronic messages.
• Emails that terrorize or torment a person.

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

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 seeking a domestic violence 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.

In an ex parte order, 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, and in some cases, custody of minor children you share can be awarded on a temporary basis.

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 automatically 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 itself be renewed for "good cause" prior to its expiration).

Once you obtain a protective order, 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 have experienced domestic violence, you are not alone. It is estimated that more than 4 million women in the United States are subjected to domestic violence each year.

Although women make up the vast majority of those who experience domestic violence (85%), men and children are also affected. There are specific laws in North Carolina that provide quick and effective protection to domestic violence victims.

If your abuser becomes uncontrollably violent, and you believe that you or your children are in danger, you should immediately call the police. When you have reached safety, you should then call the domestic violence agency in your county for additional advice and directions to a shelter if you are fearful of returning home.

For more information, please contact us at (919) 348-2317 to speak with our Cary domestic violence attorneys. Our team can provide you with resources and support from domestic violence groups.