Its an unfortunate reality that domestic abuse exists in some relationships and marriages. In these situations, safety should be your first and foremost priority. If you are in circumstances that are threatening and abusive, remaining in the marital home while you contemplate the divorce process is not only ill-advised – it is potentially very dangerous, for you and for your children. Always trust your instincts, and if you feel that you need to leave immediately, you should do so.
In a situation involving domestic abuse, it is critical to act first and contemplate matters later. If you are a victim of domestic abuse and are considering divorce, it can be very helpful to make a safety plan if you have the ability to do so. If you are in imminent danger, of course you should leave immediately. If you have time, however, taking the following steps can be helpful to protect yourself and your children:
Gathering this documentation can give you peace of mind, not to mention that it could be very helpful in a divorce case in the future.
If you find yourself in a situation involving domestic abuse, after securing your safety and the safety of your children, it can be helpful to think about how you might approach the divorce process itself. Throughout this guide, we try to advocate cooperative divorce resolution methods – typically, the process proceeds more smoothly and is easier for all involved with the parties can work together toward solutions that are satisfactory for everyone. Unfortunately, however, in situations involving domestic violence, this sort of cooperative negotiation is simply not possible. Throughout the divorce process, your primary emphasis should be on your safety, and on protecting your interests and those of your children. Often, spouses who are controlling and abusive are difficult to negotiate with, and attempt to use the divorce process as a way to punish or prolong their control over the abused spouse. In those situations, it is important to retain the services of an attorney who understands some of the psychology involved in abusive relationships, and who can advocate for you in a way that will ultimately be effective in pursuing and protecting your interests. This may mean that methods of negotiation like mediation, or collaborative law may not work well in your particular set of circumstances – and that’s okay. Allowing a court to resolve your issues may very well be the best solution, because it will provide the formal distance between you and your spouse that is necessary for your safety and for you to assert your rights without fear of manipulation or verbal abuse. Regardless of how you choose to proceed with resolving the issues between you, it is important to have the services of a knowledgeable and experienced attorney on your side. As a few final reminders on the subject of domestic abuse, before any other considerations, safety should come first. As a victim of abuse, you should know that you are entitled to feel safe and to live a life free of intimidation and fear. This may mean involving the authorities, if necessary. If you, or your children are suffering from domestic abuse, do not hesitate to call the police if necessary. You may need to file criminal assault charges, or obtain an emergency protective order or a restraining order. Doing so is your right under the law, and it may be necessary. Never hesitate to do what you need to do in order to best protect yourself and those you love. This should always be your first priority. If you need to speak with an experienced family law attorney regarding domestic violence, please contact Adkins Law to arrange a consultation.
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Domestic violence is far more common than we know. It is a problem that affects people regardless of race, gender, sexuality or socioeconomic status. If you or someone you love is being abused, it is important to come forward to seek help.
What is Domestic Violence? Domestic violence is causing, or attempting to cause, bodily injury to the victim. It can also be placing the victim in fear of imminent, serious bodily injury. This may include continued harassment if it causes severe emotional distress. It is important to remember that domestic violence can only occur between people who have a current or former relationship. This includes spouses, household members, parent/ child or boyfriend/ girlfriend. What to do if you are a victim of domestic violence? Your safety is the biggest priority—get yourself to safety and call 911. If you do not have a safe place, you can seek help at a shelter. From there, you have the option of seeking a restraining order and/ or filing criminal charges. Criminal charges are recommended because the criminal system has some procedures in place that the civil system does not, like probation and violent offender programs. If the abuser is found guilty at trial, then the terms and conditions of his or her sentence depend on various factors including what crimes the abuser has committed against you and prior offenses How does domestic violence effect custody and child support? It is rare for those issues to be handled in the civil domestic violence process of getting a restraining order. Many judges prefer that issues of child support and custody be handled in a separate action. You will need to file a separate complaint seeking custody and child support. What about alimony and property division? The judge in your domestic violence can only deal with these issues on a very limited basis, such as addressing temporary distribution of vehicles and the home. Many judges prefer that these issues be handled in a separate action. You will need to file a separate complaint alimony and equitable division. Domestic violence proceedings can be confusing and time consuming, especially when dealing with other family law issues. Contact Adkins Law today to set up a consultation and decide your next steps. Domestic violence is far more common than we know. It is a problem that affects people regardless of race, gender, sexuality or socioeconomic status. If you or someone you love is being abused, it is important to come forward to seek help.
What is Domestic Violence? Domestic violence is causing, or attempting to cause, bodily injury to the victim. It can also be placing the victim in fear of imminent, serious bodily injury. This may include continued harassment if it causes severe emotional distress. It is important to remember that domestic violence can only occur between people who have a current or former relationship. This includes spouses, household members, parent/ child or boyfriend/ girlfriend. What to do if you are a victim of domestic violence Your safety is the biggest priority—get yourself to safety and call 911. If you do not have a safe place, you can seek help at a shelter. From there, you have the option of seeking a restraining order and/ or filing criminal charges. Criminal charges are recommended because the criminal system has some procedures in place that the civil system does not, like probation and violent offender programs. If the abuser is found guilty at trial, then the terms and conditions of his or her sentence depend on various factors including what crimes the abuser has committed against you and prior offenses How does domestic violence effect custody and child support? It is rare for those issues to be handled in the civil domestic violence process of getting a restraining order. Many judges prefer that issues of child support and custody be handled in a separate action. You will need to file a separate complaint seeking custody and child support. What about alimony and property division? The judge in your domestic violence can only deal with these issues on a very limited basis, such as addressing temporary distribution of vehicles and the home. Many judges prefer that these issues be handled in a separate action. You will need to file a separate complaint alimony and equitable division. Domestic violence proceedings can be confusing and time consuming, especially when dealing with other family law issues. Contact Adkins Law today to set up a consultation and decide your next steps. Domestic violence is attempting to cause or intentionally causing bodily injury or placing the victim in fear of imminent serious bodily injury. Continued harassment can constitute domestic violence if it causes substantial emotional distress. There needs to be a current or former relationship between the victim and abuser such as spouses, parent / child, household members, or boyfriend / girlfriend.
You have to file a complaint (lawsuit) seeking a Domestic Violence Protective Order (otherwise known as a restraining order or as a "50B"). If it is at night or on the weekend, you do this through the magistrate's office. If it is during the week, you do it through the civil clerk of court. In the complaint, you set out the details of the act of violence or threat of violence that caused you to seek the Domestic Violence Protective Order. You will then appear before the judge or magistrate to describe what happened. If the judge or magistrate determines you are entitled to an emergency Ex Parte Protective Order, it will be issued at that time. Your abuser is not notified of or present for the emergency hearing. The emergency order is valid until there can be a hearing on the issue - at that hearing, the abuser will be present and have the opportunity to put on a defense. This hearing is normally held within 10 days. If the judge determines at the full hearing that you are entitled to a Domestic Violence Protective Order, one will be issued. This order will be valid for one year, but may be renewed at the end of one year for an additional time of up to two years.
Many people contact our office and ask what legal options do they have in the event their spouse does, or has, become abusive. Domestic violence is a serious issue that is not taken lightly in North Carolina. On the criminal side of the house, assault on a female and driving while impaired are likely the two most serious misdemeanors in North Carolina. Civilly speaking, if you are or have been in a relationship with domestic violence, you may seek protection by filing for a domestic violence protective order. If granted, you may receive immediate protection for a period of approximately 10 days without providing notice to the other party. At the end of that period of protection, you may seek that the order remain in place for a one-year period. During that time, the abuser may not come near you, contact you, nor may they contact your workplace, friends, or family. If they do, they will be arrested and prosecuted criminally. If you would like to speak to an attorney regarding domestic violence and protective orders, contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the greater Charlotte area.
At Adkins Law, we believe in providing top-notch, quality legal services at affordable prices. If you need to speak with an attorney regarding a family law matter, traffic citation or issue, or for your estate planning needs, contact Adkins Law to arrange a consultation. Adkins Law has offices in Huntersville and Ballantyne for your convenience. In North Carolina, you may seek a domestic violence protective order (DVPO) when someone you have or had a personal relationship with does one of the following: (1) Attempts to cause bodily injury, or intentionally causes bodily injury; (2) Places you or a member of your family or household in fear of imminent serious bodily injury; (3) Continued harassment that rises to such a level as to inflict substantial emotional distress; OR (4) Commits rape or a sexual offense. Someone you have or had a “personal relationship” with includes: (1) Your spouse, or ex-spouse; (2) A person of the opposite sex with whom you live or used to live; (3) Someone you are related to, including parents, grandparents and grandchildren, over the age of sixteen; (4) Someone with whom you have a child in common; (5) A current or former household member; OR (6) Someone of the opposite sex whom you are dating or have dated. There are two types of DVPOs: (1) An ex parte temporary protective order; and (2) A final domestic violence protective order. An ex parte temporary protective order is designed to provide you and your family with immediate protection. If a judge believes there is a serious and immediate danger to you or your family, an ex parte order may be issued, which will protect you until the court hearing on the final domestic violence protective order. This usually lasts for ten days, but can, on occasion, be continued to last longer. A final domestic violence protective order, also called a DVPO or a 50B, lasts up to one year. During this year, the abuser may not assault, threaten, abuse, follow, harass, or interfere with you. A DVPO may also grant you sole access to your home, possessions, pets, custody of your children, and spousal support. Once the one-year period is over, you may ask the court to extend the order for an additional year. DVPOs are powerful tools that can be used to protect you and your family from domestic violence. They may, however, also be used as a tool to get you out of the marital home and as leverage in a child custody dispute. Occasionally, a spouse will make false allegations of abuse in the hopes of being granted sole possession of the marital home and property, and custody of any minor children. While these situations are rare, you still must prepare and defend yourself against the allegations. If you would like to speak with a domestic attorney concerning obtaining or defending against a DVPO, please contact Adkins Law. Adkins Law is located in Huntersville, North Carolina and primarily serves Mecklenburg County and the Lake Norman area. |
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