Protecting You And Your Family When There Is The Threat Of Violence
North Carolina law defines domestic violence as attempting to or intentionally causing bodily harm to someone with whom you are in a relationship. This can include partners, spouses, children and family members. Verbal threats, intimidation and emotional abuse that terrorize or torment an individual you are in a relationship with can also constitute domestic violence.
If you are in an abusive relationship, we encourage you to call us at Griffin Law, PLLC. While it’s perfectly possible for a victim of domestic abuse to seek protection against their abuser without the help of an attorney, there are benefits to obtaining legal counsel. We can help you understand your rights, walk you through the legal process, secure protection for you and your family, and even help you with other family law matters that arise because of violence or abuse in the home.
Seeking An Ex Parte Restraining Order
A restraining order is your first line of defense if you feel that you are in danger in your relationship. A judge in North Carolina can set up an order addressing your specific needs, but common provisions include:
- Telling the other party not to contact you, including contact by phone, on social media or in any other form
- Removing the other party from your home or apartment
- Telling the other party not to contact or threaten anyone in your family
- Giving you temporary possession of assets like cars, pets, homes and other jointly owned items
When you work with our family law attorney, Jonathan D. Griffin, he can help you understand the legal language of an ex parte restraining order, help you file on time, in the right county and at the right court house. He can also help you understand how the process ahead will go and if additional steps need to be taken to ensure the safety of yourself or your family.
Addressing Divorce And Child Custody Matters
The restraining order is likely just your first step to stopping spousal abuse, however. In many cases, domestic violence can lead to other family law issues.
In North Carolina, domestic violence can be grounds for divorce from bed and board (legal separation). Those seeking an ex parte restraining order as grounds for divorce should consult with an attorney, as they may need to first begin the separation process before starting work on divorce proceedings.
Additionally, domestic violence can also be a factor in determining child custody arrangements. The threat of violence in the home can become a powerful indicator to judges that joint custody is not in the child’s best interest. The judge may approve sole custody to one parent over the other or modify an existing agreement in a manner that ensures the child’s safety moving forward. However, the courts do not prefer to make any long-term custody decisions in domestic violence court. Proper custody proceedings are heard in another division of district court.
What If I Am Falsely Accused Of Domestic Violence?
Unfortunately, the domestic violence statutes are sometimes abused by persons who are seeking to get an advantage over another party in a child custody proceeding or simply to get back at someone. If you have been falsely accused, you need aggressive representation. Do not go to court alone! A domestic violence order against you can have far-reaching consequences in future child custody, alimony and divorce hearings.
Griffin Law, PLLC — A Firm That Cares
Attorney Jonathan D. Griffin understands the sensitive nature of these types of cases, which is why he takes a compassionate approach to helping his clients feel safe and secure through protective orders. He can explain your rights and legal options as well as walk you through the legal process. He is incredibly knowledgeable in family and criminal law, which gives his clients a more comprehensive view of their situation.
Set Up A Consultation Today
Our legal team understands the importance of securing protection from domestic abuse, which is why we provide straightforward legal counsel in these types of cases. We will be at your side from beginning to end, making sure you understand your rights and what you need to do to resolve matters efficiently.
Please visit our Statesville office to learn more how our skilled lawyer can help you. To schedule an initial consultation, contact us online, or call 704-380-9128 today.