Domestic Violence / Civil Restraining Orders

Raleigh Domestic Violence Attorneys

According to recent government statistics, four million American women are victims of domestic violence each year. Violence against women accounts for the vast majority of domestic violence victims, but men and children can be victimized too.

There are specific laws in North Carolina that provide speedy and effective protection to victims of domestic violence. Our primary goals for domestic violence clients at the Batch & Williams law firm are to make sure you know about specific laws that protect you, to advise as to the necessity of filing a civil restraining order, and to be here to answer questions and respond to your appeals for help.

If you believe that you or your children are in danger, then you should immediately call police and emergency authorities, as well as a county domestic violence agency for additional advice on available shelters.

Please contact us in Raleigh if there's anything we can do to diplomatically reduce the stress level in your household or protect you and your children from further harm. At Batch & Williams, our clients come first.

The Laws on Your Side

Our state's Domestic Violence Act was enacted to protect a broad range of domestic violence victims. It states that any action that intentionally causes bodily injury or places a person in fear of it through the use of force amounts to domestic violence. This could include simple battery.

If you feel that a protective court order against your abuser is in order, a complaint should be filed alleging specific facts of your situation and your relationship to the alleged abuser. A court may then issue an ex parte protective order to signify that a hearing was held in which one of the parties was not present. Under such an order, you can be given temporary possession of your home, personal property and household possessions. It may also notifies your abuser that he or she may be ordered to stay away from your place of residence, job site or the school your children attend.

A return hearing is held within 10 days in which you will again testify to the specific facts of the domestic violence you are experiencing. Your alleged abuser may also testify, along with any witnesses to your domestic situation. If, after hearing testimony from the parties and witnesses, the court is persuaded that an act or acts of domestic violence have in fact occurred, the court will issue a permanent protective order, typically effective for one year.

Civil Restraining Orders

In North Carolina, a domestic violence protective order is also known as a restraining order. It protects both men and women from physical, emotional, verbal abuse and from stalking and harassment. The order informs your abuser to stop the abuse immediately or face serious consequences.

You can get a domestic violence restraining order if you have been physically or emotionally abused and if you have a domestic relationship with that person. This could apply to a spouse, a dating relationship, a live-in companion, or someone that you have been previously married to, used to date or used to live with. It can also be a relative, family member or an in-law.

Another law passed in North Carolina in recent years gives victims of sexual assault, stalking or harassment the right to get an immediate protective order, called a civil no-contact order. This order is intended to prevent attackers or harassers from attending your place of business or contacting family members. You do not have to have a "personal relationship" with the person to obtain such an order.

Prior to termination of the protective order, you may apply to the court for its renewal for another year’s term. After receiving proof of it, you should send a copy to your abuser and to local police or a sheriff’s department. You should also retain a copy for your records in the event of the need to summon police for protection in the future.

If our sensitive, discreet, skilled family law and domestic violence attorneys at Batch & Williams in Raleigh can be of service in advising you as to which order or course of action to pursue, please contact our law offices today.

Visit Our Raleigh Law Offices

If you are or have been a victim of domestic violence, please contact us immediately at our Batch & Williams law offices in Raleigh. Whether we're listening intently to both sides of a story or representing a single view of what's happened, we can bring our experience, diplomacy and resources to bear on your stressful situation.

We're available by phone, fax and e-mail, and we return after-hours calls promptly. We also provide Spanish language interpretation. Call us today.