Restraining and Protective Orders in Fayetteville North Carolina

Fayetteville NC Divorce Lawyers – Family Law Attorneys

We would all like to think that couples who are having marital difficulties can deal with things in a peaceful and civil manner, but unfortunately, this is not always the case. There are times when one of the parties involved reacts violently to the news that they are being served with a divorce petition, and people who are the victims in these instances do have recourse in the form a domestic violence protective order. In the North Carolina General Statutes, the code that governs domestic violence protective orders can be found in Chapter 50B.

Domestic violence in this context is not limited to just actual or attempted bodily harm. It also includes harassment and threatening behavior that causes fear of bodily harm or ongoing harassment. Domestic violence protective orders are not just applicable to married couples. Domestic violence is defined in the North Carolina General Statutes as taking place between people who are engaged in a “personal relationship.” These “personal relationships” exist between people of the opposite sex who are living together, children, parents, grandparents, those who have formerly lived together, people who are or were dating, and individuals who have had a child or children together.

People who are seeking a domestic violence protective order do so by filling out all of the required paperwork with the Clerk of the Court in the North Carolina county were the incident allegedly occurred. The Clerk of the Court will then present the documentation to the judge, who can issue what is called an ex-parte domestic violence restraining order. The order will be in effect until a hearing takes place within ten days, and at the hearing the accused will be given the opportunity to respond to the allegations. After hearing all of the testimony the judge will decide on a remedy, and that can include a restraining order that remains in place for a full year as well as a temporary child custody and support decision.

Anyone seeking restraining and protective orders would be well advised to retain the services of an experienced Fayetteville NC family lawyer.