Restraining Orders in Charlotte
Protect Yourself from Dangerous People
If you were a victim of domestic violence, get the help you need to protect yourself as much as possible. Sure, you need to keep yourself at a safe distance, but how can you be sure there won’t be another incident? A restraining order is one of the best ways to provide yourself with legal recourse against a dangerous person. At Smith Horton Law, our Charlotte family law attorney can help you file a restraining order quickly and in a thorough manner.
Call (704) 734-9797 now and schedule your consultation with our team to put the right legal pieces in place for your protection.
When Should You File a Restraining Order?
Following an attack, a victim of domestic violence may seek what is called a Domestic Violence Order of Protection—referred to as a restraining order. By obtaining a restraining order, the victim can utilize the court to prevent a harmful person from contacting the victim in any way, whether by phone, email, text, and especially in person.
North Carolina statute 50–B defines domestic violence as:
- Attempting to cause or intentionally causing bodily injury to another
- Placing someone (or a member of their family or household) in fear of imminent serious bodily injury or continued harassment rising to such a level as to inflict substantial emotional distress
- Committing certain sex crimes against certain individuals
Additionally, the criminal actions listed above must take place between individuals who have or have had a “personal relationship” with one another.
- A current or former spouse
- Someone of the opposite sex who you live with or have lived with in the past
- Parties that have a parent-child relationship
- Parties that share a child
- Parties that were formerly or are currently in a dating relationship
Domestic Violence Order of Protection
To obtain a restraining order, the victim will likely seek what is called an ex parte restraining order against the person in which they have a “personal relationship.” This means the victim can go to court and get a restraining order without the accused party being present. A judge might grant an ex parte restraining order because they believe the situation is serious enough that the victim or their family need court protection immediately. However, this is only the beginning of the process.
Because the accused did not have the chance to tell his or her side of the story, a hearing is scheduled either ten days from the date the order was issued or seven days from the time that the restraining order was served. A judge will hear both sides of the story to determine whether the restraining order will continue in effect for another year. Whether a restraining order will stay in effect for another year depends on whether the judge finds that an act of domestic violence has occurred based on all of the evidence.
Get help filing your restraining order in Charlotte and Indian Trails. Call Smith Horton Law now at (704) 734-9797 or contact us online.
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