Below is the process of filing for a restraining order also known as a Domestic Violence Protective Order or a Civil No-Contact Order.
1. Go to the courthouse: Go to the office of the clerk of civil court or the magistrate’s office. Tell them you need to file for a restraining order, protective order, DVPO or Civil No-Contact Order. They should make sure you get the forms you need. 2. Fill out the complaint in detail: (Do not sign it until you are before a notary or clerk of court) Just remember: you are the plaintiff and the abuser is the defendant. When filing out the paperwork be sure to provide a brief but complete summary of the most recent abuse you have suffered make sure to use specifics and details. Provide the dates that the incident(s) occurred. The key is to give a clear picture of the abuse to the judge who will decide your case. You also want the judge to know what relief you are seeking. 3. Fill out the summons: In addition to being served the complaint, your abuser will need to be served summons to appear in court. Try to include the abuser’s name, address and other contact information in the paperwork, if known. The sheriff’s office will serve the complaint and summons on the abuser. The sheriff’s office also will serve the notice of hearing and a copy of the temporary protective order. You can help the sheriff’s office by filling out a form that identifies your abuser. This identification can include: (Physical characteristics (height, weight, hair color, eye color),Driver’s license number, Social Security number, and/or Employment address) You will also need to list your name and a safe mailing address and phone number. Because the sheriff serves the abuser, you do not need to have contact with him/her. If the sheriff’s office cannot serve your abuser on time, your hearing will be rescheduled. 4. Seek a temporary protective order: At the time you fill out the complaint and summons, you can also seek an ex parte/temporary protective order. This means that the abuser does not need to be present for a hearing. You can request it by checking a box on your complaint form. Then you go before a judge and explain why you or your children are in immediate danger and why this order is needed. This is an emergency order. Once it is granted, it takes effect immediately and typically lasts 10 days (which just the right amount of time for you to pursue a permanent order). Keep this order with you at all times. Leave copies with your employer, your child’s school or daycare, and everywhere else you or your children can be found during a typical day. 5. Attend the hearing: When you file the complaint/summons, you will be given a date and time for the hearing on your order. Your abuser will receive a notice of the hearing with this information. You must attend the hearing. Your abuser has a right to attend as well. If the abuser does not attend, the court may proceed or elect to reschedule the hearing. You should have an attorney representing you at this hearing. At the hearing, you will need to show the court that the abuser has committed an act of domestic violence, stalking or nonconsensual sexual conduct. If the court finds that this has occurred, the court must grant the order If you are in need of representation for your hearing, Adkins Law can help you. Christopher Adkins and Sarah Bennett are attorney's in the Lake Norman area that specialize in Family Law and can help you. Call our office today to set up a consultation with one of our attorney's.
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Business North Carolina magazine has honored lawyers since 2002 by publishing Business North Carolina’s Legal Elite. This is a listing of the state’s top lawyers in different categories. Business North Carolina’s Legal Elite has become the model for other awards and lists, but it remains unique as the only award that gives every active lawyer in the state the opportunity to participate. Each year, Business North Carolina magazine sends out ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a simple question:
"Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories?" Voters are not allowed to vote for themselves. The top vote-getter in each category becomes a member of Business North Carolina’s Legal Elite Hall of Fame. Attorney Christopher Adkins and Attorney Sarah Bennett were awarded the 2018 Young Guns award from Legal Elite. Mr. Adkins and Ms.Bennett were among the top 3% of lawyers in North Carolina to be awarded into the Legal Elites Hall of Fame. Join us in congratulating them on this award. We are so excited for them and are so lucky to have them as our lawyers serving the Lake Norman and Huntersville area specializing in Estate Planning, Family Law, and Traffic. We wish you a Happy Holidays! Adkins Law located in Huntersville NC is proud to offer services in Estate Planning, Traffic, and Family Law. Call us at 704-274-5677 to set up a consultation.
The health care power of attorney is a document that works in conjunction with a living will. It is a document where you can designate someone to be your representative, in the event you are unable to communicate your decisions about your health care. In the most basic form, a health care power of attorney says, "I want this person to make decisions about my health care if I am unable to do so."
This needs to be a person that you trust to make medical decisions on your behalf if you cannot make them for yourself. Most people choose their spouse, partner, relative, or close friend as their health care agent. North Carolina requires that your health care agent be (i) at least 18 years of age, and (ii) not being compensated for providing you health care. Choosing this person is an important decision, and you should think carefully about who you want to assume this responsibility. This person may eventually be deciding whether or not life support will be in your best interests. If you are in need of appointing someone as your healthcare power of attorney, Adkins Law may be able to help. Call today to set up a FREE Estate Planning consultation in our Huntersville office. Need to discuss your estate planning needs? Contact Adkins Law to arrange a consultation with a wills and trusts lawyer!
How Long Does the Divorce Process Take? The length of the process varies based on how long it takes to get service of your spouse and how soon the clerk schedules the divorce hearing. Generally, it should take approximately 60 days after the complaint is filed.
Did you know that having a will means probate, and potentially probate court? Without an estate plan, your estate cannot be settled without the delays and court fee costs - plus, your assets will be a matter of public record. With an estate plan, you can avoid the probate process entirely. Not only does this save your family legal costs and attorney fees, it makes the process much easier for your spouse and family.
Do you own a business? Without an estate plan, your family could lose control of the business. With an estate plan, you choose who will own and control the business after you die. Plus, you can avoid having the business and its assets frozen after you die.
Who will inherit your assets if you die without a will? Without an estate plan, your assets will pass to heirs the laws of North Carolina dictate. With an estate plan, you decide who gets your assets, when, and how they receive them. Plus, you avoid the expense of lawyers and the government for having to sort out the mess of not having an estate plan.
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