Domestic Violence Protection

Domestic violence is an unfortunate and common reality in all communities. Most of us would prefer to believe that domestic abuse is the kind of thing that happens to “someone else,” but the truth is that intimate partner violence cuts across all class, socioeconomic, and racial lines. It happens in opposite-sex and same-sex relationships, and both men and women can be victims or perpetrators.

For many people, there is a feeling of shame associated with being a victim of domestic violence. Some abusers even manipulate their partners into feeling as if they are to blame for their own abuse. In fact, no one should suffer violence at the hands of a family member or intimate partner. Everyone deserves to feel safe at home and in their personal relationships. Unfortunately, abusers often isolate their victims from friends and family members, causing them to feel trapped in the relationship with nowhere to turn.

There are also instances when someone is wrongfully accused of domestic violence. This can happen in the context of family law cases when one party uses false accusations of domestic violence to get a leg up in a custody case or separation.

Connell & Gelb represents victims of domestic violence and parties accused of domestic violence.

North Carolina Domestic Violence Law

Domestic violence in North Carolina covers a range of actions by someone with whom the victim has had a personal relationship. A “personal relationship” could be a relationship with a current or former spouse; a parent, grandparent, child, or grandchild; a romantic partner with whom the victim lives; someone with whom the victim has a child in common; a current or former member of the household; or a current or former dating partner.

Examples of domestic violence include:

  • Intentionally causing someone physical injury or attempting to do so;
  • Putting a person or a member of their family or household in fear of imminent serious bodily injury or continued harassment such that the behavior inflicts substantial emotional distress;
  • Committing sexual offenses against a person.

Chapter 50B of the North Carolina General Statutes gives victims of domestic violence the right to pursue a protective order against an abuser using a Complaint and Motion for Domestic Violence Protection Order. The person alleging abuse must make a sworn statement about the facts of the case.

To protect the victim from immediate harm, the court may grant a temporary, or “ex parte” order, that does not require a hearing. An ex parte order is limited to a maximum of ten days. Within ten days (whether or not a temporary order is requested) a hearing will be set in the district court. The person against whom the Complaint is filed will receive a copy of the Complaint and a Notice of Hearing so that they can appear in court and defend themselves. At the hearing, the court may decide to extend protection or allow it to expire based on the evidence and testimony presented.

Understandably, this process can be very stressful for the person seeking the protective order. It is often helpful for victims of domestic violence to have an experienced attorney support and advocate for them.

Defending Against Accusations of Domestic Violence

Domestic violence is a serious matter. A domestic violence protection order can affect one’s ability to see and interact with their children and others. Entry of a domestic violence protective order can destroy one’s personal relationships and professional career; even an accusation of abuse can cause serious harm to one’s relationships, reputation, and employment. Finally, a person will lose constitutional rights if a domestic violence protective order is entered against him or her.

Individuals who have been accused of domestic violence should have a knowledgeable attorney to assist in their defense and protect their rights.

Skilled Representation for North Carolina Domestic Violence Matters

Attorneys Michelle Connell and Wes Gelb are both board-certified in North Carolina family law. That certification is granted to North Carolina attorneys who have extensive training and experience in their practice areas and who have exhibited the highest professional ethics. In the course of their decades of practice, Michelle and Wes have successfully represented many clients in domestic violence matters, including those associated with a divorce or child custody case.

Michelle and Wes understand how difficult these cases can be both for victims of abuse and for those who have been unjustly accused of violent behavior. They are skilled litigators with the courtroom experience necessary to protect those who have been injured or wronged.

Connell & Gelb represents alleged victims of domestic violence and alleged abusers in matters regarding domestic violence protection orders. To learn more about North Carolina domestic violence laws, contact Connell & Gelb to schedule a consultation.