Denver Domestic Violence Lawyer

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Denver NC Domestic Violence Attorney

Domestic violence is a serious violation of trust. It takes advantage of the relationship that someone has with another person by using that proximity and intimacy against them. It’s often one of the most difficult aspects of family law, as it can be difficult to prove one side or the other. These cases often have a “he said, she said” component. Fortunately, a Denver, NC, domestic violence lawyer can help their clients protect their rights in these situations.

It’s critical that the proper protections be given to the true victims in these cases. Unfortunately, some people, in their anger, have made false accusations to get restrictions put on someone else. That’s why the other side needs the opportunity to ensure that their strongest case is heard as well.

The Jonas Law Firm, P.L.L.C.: Your Denver, NC Protective Order Attorney

Justice can only occur when every party involved is given the chance to make their case. It’s the job of a Denver, NC, domestic violence lawyer to assist in the justice process by ensuring that their client’s side of these disputes is given the fair attention that it deserves.

Because so many of these accusations occur in conjunction with a divorce, this may often mean representing one of the parties involved in a divorce, whether they are the accuser or the accused. At other times, the accusation may be unrelated to a divorce, but the circumstances surrounding it can be equally complex.

At The Jonas Law Firm, P.L.L.C., no matter what situation has led to protective orders being sought, we can ensure that our clients’ side is represented and that their rights are defended.

What Is Domestic Violence?

In North Carolina, domestic violence is abuse that occurs where the abuser and victim have a personal relationship, usually familial or romantic. To be eligible for the protections that are offered under a domestic violence protective order, the situation must meet certain qualifications. Some of the relationships that can involve domestic abuse in the state include:

  • A person’s spouse or ex-spouse
  • Parents and children
  • Grandparents and grandchildren
  • Someone acting in loco parentis of a minor child
  • People of the opposite sex who currently live together or have done so in the past
  • People who have a child in common
  • Current or former household members
  • People of the opposite sex who have dated or are currently dating

There are a few different kinds of abuse and criminal charges that are considered to be domestic violence when committed against someone with a qualifying relationship:

  • Sexual battery
  • Rape
  • Assault by strangulation
  • Assault on a female
  • Domestic simple assault
  • Stalking
  • Harassment
  • Intentionally causing or attempting to intentionally cause bodily injury
  • Causing someone to fear imminent danger
  • Harassment that inflicts substantial emotional distress

How Domestic Violence Protective Orders Work in North Carolina

If there is a situation that qualifies as domestic violence, the victim can seek a domestic violence protective order (DVPO) from the court. These are obtained by first applying to the court for this kind of protection.

Ex Parte Order

If desired, it’s possible to seek what is known as an ex parte order. This is a temporary restraining order that will typically last for ten days or until a full hearing can be arranged. These orders can be awarded without the other party present.

When a motion is filed for these orders, a hearing on them must occur within 72 hours or by the end of the next day that the court is in session. In most cases, the petition for ex parte orders will be heard the same day that you file a motion for them. These orders take effect once the sheriff’s department has served them to the other party.

Final Protective Order

A hearing for final protective orders will happen within ten days of the filling. At the hearing, both sides will get to present their cases. The victim will show evidence that the domestic violence incident occurred, and the alleged abuser will be given a chance to answer the allegations.

If the court is persuaded that domestic violence occurred, then protective orders that last up to a year will be issued.

Conditions in Restraining Orders

The nature of what the orders restrict could vary from situation to situation, as a judge sees fit. Some of the conditions that could be made a part of the orders include:

  • Staying away from the other party
  • No contact with the party or their family, including digital contact, such as texts, emails, or social media
  • Vacating a shared household
  • Temporary custody, possibly with some visitation
  • Spousal support and child support
  • Attendance in an abuser treatment program
  • Firearms restrictions

The penalties for violating a protective order are significant, sometimes even including prison time. This is to ensure that the protections put in place are honored.

Local Legal Help With Your Denver Domestic Violence Situation

Domestic violence situations can often be particularly difficult. The restrictions they put on those accused of abuse are significant. Sometimes, those protections are absolutely necessary to shield victims of domestic violence. Still, the severity of those orders and penalties can also be used as a weapon by a vindictive individual who is making false claims. Sadly, this does happen from time to time as well.

It’s important that domestic violence situations and the pursuit of protective orders be addressed thoroughly. There should be full scrutiny on both sides so that justice is properly done. It’s the job of a Lincoln County protective order attorney to help ensure a thorough process when the court addresses domestic violence.

At The Jonas Law Firm, P.L.L.C., it’s our job to represent one of the parties involved in a domestic violence situation. We can ensure that their case is heard and given the fair assessment that it’s owed. Whether seeking protective orders or defending against them, we can help see that you’re given the opportunity to present your strongest case. Contact us today if you are facing a domestic violence situation in Denver.

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