You may file an action for a Domestic Violence Protective Order (DVPO or 50b) if a person with whom you have had a present or past relationship has committed acts of violence or threatened acts of violence against you or a family member. A DVPO is a civil action, meaning it does not affect the abuser’s criminal record. However, the police can arrest the abuser if he or she violates the order.
At Mercogliano & Associates, PA, we realize that involvement in a situation involving domestic violence can be very upsetting, and while understanding how the laws function and operate may not make the situation more enjoyable, it can help to navigate these situations to enhance your chances of the situation resolving itself to your advantage.
If you or someone you know is the victim of domestic violence, threats or harassing behavior, the laws of North Carolina allow for swift action to help stop the abusing party. Emergency hearings are available when necessary to protect the victim and can be heard by judge in a matter of days.
While the relief granted by a court may not be perfect, there are several useful remedies that are worth pursuing by victims of domestic violence. For instance, the court, after making a determination of domestic violence can order the offending party to restrain from all contact with the victim. Furthermore, the court can prevent the abuser from acquiring firearms. If the abuser already owns firearms, he or she can be required to surrender them to the Sheriff’s office. Additionally, the court can order possession of the residence to the victim. A court may also require the offender to pay for the victim’s attorney’s fees.
If the parties involved in a domestic violence dispute have minor children, the Court can make an award of temporary custody and establish visitation rights. The court may also require the non-custodial parent to pay temporary child support. The orders can provide for limited contact between the parties as relating to the children. These custody orders are not meant to be the perpetual; the parties should take necessary steps to determine appropriate permanent child custody orders.
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. If you believe you are a victim of domestic violence, give Mercogliano & Associates, PA a call at 919-552-2501, or reach out to us via our contact forms or email. Our neighborhood attorneys will offer compassionate support for your domestic violence issue while working to protect your rights.
Located in Fuquay-Varina, Mercogliano & Associates, your neighborhood attorneys, primarily serve residents of our hometown, Raleigh, Garner, Holly Springs, Willow Spring, Clayton, Angier, Dunn, Coats, Lillington and the surrounding areas of Wake and Harnett counties.