Lincolnton Domestic Violence Lawyer

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Lincolnton Domestic Violence Attorney

Protecting domestic violence victims is one of the most critical aspects of family law. North Carolina recognizes the threat that victims are under and allows them to petition the court for a domestic violence protective order (DVPO) against their alleged abuser. A Lincolnton domestic violence protection lawyer can help you navigate any situation involving protective orders.

These orders contain a variety of restrictions and include stiff penalties for any violations. They are powerful tools for protecting victims of domestic violence. Unfortunately, there are occasionally false claims made by those who wish to get back at someone by using these orders. That’s why any claim involving domestic violence and protective orders must be put up to significant scrutiny.

The Jonas Law Firm, P.L.L.C.: Your Lincolnton Domestic Violence Attorneys

Working with a Lincolnton domestic violence attorney is critical when making your case in a domestic violence hearing. Whether they are representing the accuser or the victim, it’s the job of an attorney to see that the most comprehensive presentation of their position is given to the court. Only after both sides present their case in a court hearing can a judge then make a fair and just decision regarding the orders and their impact on the alleged abuser.

At The Jonas Law Firm, P.L.L.C., we can ensure that our clients are given a fair assessment before the court by putting forth the most complete, persuasive presentation of their case possible.

What Constitutes Domestic Violence in North Carolina?

Domestic violence is characterized by two elements. One element is that there is some kind of abuse or criminal behavior perpetrated by an abuser against a victim. The other element is that there is a relationship between the two parties that qualifies abusive behavior as domestic violence, rather than standard criminal or abusive behavior. Domestic violence will often be treated more harshly because it’s a violation of a trusting relationship and particularly predatory.

Abusive behavior that can also be considered domestic violence includes:

  • Attempting to cause someone bodily injury
  • Intentionally causing someone bodily injury
  • Intentionally causing someone bodily injury
  • Intentionally causing someone bodily injury

There are also some crimes that, when there is a qualifying relationship between the victim and perpetrator, are considered domestic violence. Those crimes include:

  • Rape
  • Sexual battery
  • Assault on a female
  • Assault by strangulation
  • Stalking
  • Harassment
  • Domestic simple assault

The relationships that qualify abuse or criminal activity as domestic violence generally involve a familial or romantic relationship. They include:

  • Spouse or former spouse
  • People of the opposite sex who have formerly lived together or live together currently
  • People of the opposite sex who have formerly dated or are currently dating
  • People who have a child or children together
  • Parents and children
  • Someone who is acting in loco parentis of a minor child
  • Grandparents and grandchildren
  • Current or former household members

The Process of Getting Domestic Violence Protective Orders and What They Cover

Domestic violence protective orders are granted by the court when they believe that domestic violence has occurred or is occurring and the victim needs protection from the alleged abuser. These orders restrict a wide variety of behaviors, and they can be tailored to fit the situation as needed by the judge in the case. Some of the more common components of a protective order include:

  • Not being in the proximity of the other party
  • Not contacting the other party or their family, including digital contact, such as email, texts, and social media
  • Temporary custody of any children involved, although visitation could be included
  • Vacating the household if it is shared
  • Child and spousal support
  • Restrictions on firearms
  • Requirement to attend an abuser treatment program

To receive a protective order, someone must petition the court for one.

Temporary Protective Orders

If someone requests immediate temporary orders, known as ex parte orders, a hearing on that will need to occur within 72 hours. However, in most cases, it will be heard the same day. The other party does not need to be present for these orders, which will take effect as soon as they are delivered by law enforcement. They will last ten days or until a full hearing can occur.

Full Protective Orders

When protective orders are petitioned for, a full hearing is usually given within ten days. At this hearing, both sides will have the opportunity to make the case for why the orders should or shouldn’t be given. If the court decides that such orders are appropriate, they will be issued for as much as one year. If sufficient cause can be shown to extend them at the end of the year, they may be extended for up to two years.

A Lincoln County Restraining Order Lawyer Can Help With Your Situation

What makes domestic violence such an offensive violation to so many people is that it’s a clear abuse of trust. Domestic violence requires a certain level of relationship between the victim and the abuser. The closeness of these relationships exists because both parties were supposed to have a level of trust in each other. When one person uses that closeness and trust to abuse the other, it’s a tremendous violation.

However, there are also situations where the violations of trust have gone the other way, and false accusations are made to place the restrictions of a domestic violence protective order on someone who doesn’t deserve it.

Domestic violence protective orders are a powerful tool of protection for victims, though they are occasionally weaponized by dishonest individuals. This is why due process must be properly followed and a thorough assessment of the situation made before anything is decided. Both parties deserve to have their position heard and defended in court.

A Lincoln County restraining order lawyer who understands the full complexity and challenges of the situation can be critical to ensuring that your side is considered. At The Jonas Law Firm, P.L.L.C., we defend our clients and help ensure that all their rights in these proceedings are respected. Contact us today 980-372-3691 to get help with your domestic violence situation.

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Family Law

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