Domestic Violence, Charlotte Mecklenburg Lawyers
Our Charlotte domestic violence lawyer is prepared to help with a number of areas relating to domestic violence, on both the criminal law and family law side of things. If you have any questions regarding the content on this page, or if you'd like to know more about how a domestic violence attorney can help in your particular situation, contact Prism Family Law Firm today.
Per North Carolina General Statute § 50B-1, domestic violence results upon the commission of one or more of the following acts against a person, or against a child(ren) living with that person, with whom the aggressor currently has or previously had a "personal relationship" with:
- Attempting to cause bodily injury, or intentionally causing bodily injury; or
- Placing the the person or person's family in fear of imminent serious bodily injury or continued harassment; or
- Committing a sex crime against a person as defined by N.C.G.S. 14-27.2 through 14-27.7.
The "domestic" aspect of the action refers to the requirement that the aggressor and the victim have one of the following "personal relationships:
- Current or former spouses;
- Persons of the opposite sex who live togehter or have lived together;
- Persons related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren;
- Persons who have a child(ren) together;
- Current or former household members;
- Persons of the opposite sex who are in a dating relationship or have been in a dating relationship previously.
The Charlotte Mecklenburg County courthouse has special courtrooms designated for domestic violence cases. Common matters and charges heard in these courtrooms include: assault on female, simple assault, communicating threats, protective orders, and violations of protective orders.
To speak with one a Charlotte attorney regarding a domestic violence matter call (704) 412-1442 today.
domestic violence Protective Orders
In addition to criminal charges that may be brought based on acts of domestic violence, there are additional protections available to victims. Upon a showing of domestic violence, and at the request of the victim, a court may issue a domestic violence protective order (DVPO). Protective orders may not be issued for longer than 1 year but may be extended after 1 year if new evidence of violence is presented. DVPOs may include provisions that:
- direct the aggressor to refrain from committing future acts of domestic violence;
- grant possession of the residence to one party and exclude the other party from the residence;
- require a party to provide a spouse and his or her child(ren) suitable alternate housing;
- award temporary custody and temporary visitation rights for any minor child(ren);
- order the eviction of a party from the residence and assistance to the victim in returning to the residence;
- order either party to make payments for the support of a minor child;
- order either party to make payments for the support of a spouse;
- provide for possession of personal property of the parties, including the care, custody, and control of pets;
- order a party to refrain from threatening, abusing, following, harassing, interfering, or cruelly treating the other party, pets of the other party, and/or any child(ren) of the other party;
- award attorney's fees to either party;
- prohibit a party from purchasing a firearm for a fixed time;
- order aggressors to attend and complete an abuser treatment program;
- include any additional provisions or requirements the court deems necessary to protect any party or any minor child(ren).
To speak with a Charlotte lawyer today regarding domestic violence and protective orders, call (704) 412-1442.
Domestic violence and Family Law
Domestic violence may impact a family law or divorce case depending on the type of claim being pursued, the status of the relationship involved, the details of the violence that has occurred, and the provisions included in any resulting protective order. For married persons, Domestic Violence may be considered marital misconduct which can come into play in regards to actions for Divorce from Bed and Board, Alimony, and Post Separation Support. To learn more, visit our page on Marital Misconduct.
For all couples, regardless of marital status, domestic violence can also have an impact on child custody arrangements if a court finds that the violence has or likely will impact the child(ren) at issue. If deemed necessary to protect the best interest of any child(ren), a judge may award temporary custody to the aggrieved party and/or a restraining order protecting the child(ren) as part of a domestic violence protective order.
Our Charlotte Mecklenburg attorneys are experienced and prepared to help with your domestic violence matter, whether that be filing a complaint and representing your interests at a domestic violence protective order (DVPO) hearing, defending you in a civil or criminal DVPO matter, or explaining the impact of domestic violence on divorce, custody, and other family matters.
How Prism Family Law Firm can help.
- File a complaint and represent you at trial to establish a protective order.
- Extend a previously established protective order.
- Defend you when a claim of domestic violence has been brought against you.
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Contact Info
PRISM FAMILY LAW FIRM
10130 Mallard Creek Rd., Suite 319
Charlotte, NC 28262(866) 779-2724 (fax)
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PRISM CAN HELP.
Our attorney is experienced with domestic violence and its potential impact on family law. To speak to a Charlotte Family Law Attorney regarding domestic violence, contact Prism today at