Raleigh, NC Domestic Violence Attorneys

While filing for a Domestic Violence Protective Order (also known as a DVPO or a 50b) is designed to be a simple process, the assistance of an attorney is often very helpful. Our Raleigh attorneys offer their knowledge of domestic violence law to guide you through the process and help you secure a restraining order against the abusive party.

We’ll share expert legal advice, help you fill out paperwork and will proceed with you to domestic violence court. As we partner with you to work on your case, we’ll explain your rights, the law and how it applies to your family and your children.

If a person close to you has committed or threatened acts of violence to you or a family member, give Bender Law Offices a call. Our Raleigh attorneys will offer compassionate support for your domestic violence issue as we work to defend your rights.

Domestic Violence

A person may file an action for a Domestic Violence Protective Order, often called a DVPO or a 50b, if a person with whom they have had a present or past relationship has committed acts of violence or threatened acts of violence against that person or a family member. A DVPO is a civil action, which means that the abusive party will not have a criminal record. However, the party can be arrested for any violations of the order.

While often times the assistance of an attorney or domestic violence prevention group can be helpful to a Plaintiff, the process has been designed so that a person can fill out the forms and proceed to court without an attorney. However, domestic violence prevention groups generally have a representative available in the domestic violence courtroom to provide assistance.

Once the papers have been filled out, the applicant, known as the Plaintiff, must take the papers to the judge who will review them and ask questions. If the judge believes that there is cause to think domestic violence has occurred, the judge will enter an ex parte order. “Ex parte” means that the other side was not present. Usually these orders require the other party, the Defendant, to be removed from the home for not more than 10 days. A Sheriff’s Deputy will serve a copy of this ex parte order on the Defendant and insure that he or she leaves the home without further risk of violence. If the person is known to own guns, the Deputy will remove those as well.

On the date set for the return hearing, both parties will have to appear. The Court will hold a hearing to determine if an act of domestic violence has occurred. Both sides are given an opportunity to testify and present evidence in support of their positions. Ultimately, if the Court finds that the Defendant has committed an act of domestic violence, it will issue a protective order restraining the Defendant from further acts of violence. This can include evicting the Defendant and granting the Plaintiff possession of the shared home and vehicle; ordering temporary support payments; prohibiting any contact between the Plaintiff and the Defendant; preventing the Defendant from purchasing a firearm; ordering the Defendant to participate in an abuser treatment program. This Order is valid for one year, at which time the Plaintiff can move to have it extended for good cause. Even if you wish to modify the terms it is often helpful to keep the restraining order in effect and require the other party to attend classes to learn ways to channel anger into more effective and acceptable ways.
If the parties have minor children, the Court can make an award of temporary custody and establish visitation rights, as well as provide for temporary child support. The orders can provide for limited contact between the parties only as it relates to the children. These custody orders are not meant to be the permanent; the Court encourages parties to file a Chapter 50 action to resolve the custody and support matters

While no amount of violence is acceptable, before proceeding to court, consider the situation and the seriousness of the violence. Domestic Violence actions should not be used as an easy way to remove someone from the house, or as a substitute for a counselor. It is not violence to threaten to take someone to court, or to fight for custody, or to do any other legal act.