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Domestic Violence

Domestic Violence in North Carolina

Domestic violence is a deeply personal issue that many wish they could escape. It can evoke feelings of embarrassment, fear, confusion, and often becomes unmanageable over time. Even if you believe you are hiding it well, it’s likely that your children, family, and those close to you are aware of what’s happening.

 

It’s crucial to seek help—and to do so promptly—because domestic violence has severe long-term consequences for everyone involved, especially the children. Unfortunately, victims often find themselves lacking financial resources, which can make accessing help, including legal assistance, exceedingly difficult.

 

As an attorney and a survivor of domestic violence, I aim to provide free resources to empower others in breaking the cycle of abuse. I also offer reduced rates for legal proceedings related to domestic violence, which you can find on my services and fees page.

 

First, educate yourself about the different forms of domestic violence and understand how it affects you. This knowledge will prepare you to take action. Look for available resources and reach out to people who can support you, including family and friends. It’s important to find an attorney who understands domestic violence and can relate to your experiences. Once you have gathered this support, you’ll be better equipped to take the necessary steps toward recovery.

 

HOW TO FILE FOR A DOMESTIC VIOLENCE RESTRAINING ORDER

 

Complete the following forms before going to the courthouse for faster service:

1. Instructions for completing a DVPO;

2. Complaint and Motion for a DVPO;

3. Notice of Hearing;

4. Ex Parte Order;

5. Civil Summons DV;

6. Identifying Info about Defendant;

7. Affidavit as to Minor Child (one per child);

 

Complete copies of all forms before you go to court. The domestic violence office at the courthouse will make free copies for you. If you are in Wake County, go to the 5th floor of the civil district courthouse and go to the "domestic violence" section of the clerk's office. If you cannot print these forms before going, they will provide them for you. They will also provide a notary, they will make free photocopies, and there is NO CHARGE for filing. I recommend going between the hours of 1:00pm to 2:00pm as you are likely to see the judge immediately. If you go in the morning, you will likely have to come back in the afternoon and if you go after 4:00pm, you will likely get bumped to the next day. Children are not allowed in the courtroom so bring someone to help with children or leave them with someone you can trust. These general rules apply to all county courts, not just Wake County. The clerk's office will help you a lot!

 

What Happens Once I File? When you file the paperwork the first time, you will be seen by the judge "Ex Parte" meaning without the defendant or the alleged abuser being present. The judge will decide to either grant you a temporary restraining order or not. If granted, you will be scheduled to return within ten (10) days for a full hearing. At this hearing, the defendant is entitled to be present and may or may not have an attorney, so you need to be prepared for that. Come with as many witnesses and as much evidence as you can.

 

What is Good Evidence?

  • Pictures of abuse (broken items, damaged property, pictures of bruises, cuts, etc);

  • Phone, text, cell phone records and logs;

  • Witnesses who can testify to what they have seen firsthand;

  • Anything written by the defendant that shows abuse - letters, cards, e-mails, facebook posts;

  • Police reports and if you can the responding police officer's report;

  • Medical records and/or receipts for bandages, crutches, medicine, etc. as a result of abuse.

 

 

Interact of Wake County provides free resources and assistance to individuals and children who are victims of domestic violence.

Statewide program providing free legal services in civil matters to low-income people. Legal information in English and Spanish.

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Other Resources Here

What is Domestic Violence According to the Court? N.C. General Statute, § 50B‑1. Domestic violence; definition. (a) Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self‑defense: (1) Attempting to cause bodily injury, or intentionally causing bodily injury; OR (2) Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14‑277.3A, that rises to such a level as to inflict substantial emotional distress.

 

When you file your Complaint you need to start with the most recent incident and then go backwards. Don't rehash 15 years of abuse in one page. You can use past abuse to support your current allegations of abuse, but the court wants to know WHY ARE YOU IN DANGER NOW! If the incident occurred three months ago, you are going to have a harder challenge because you waited for so long. Also, distinguish between domestic abuse vs. domestic violence. If your partner nags you all the time and calls you names, but you don't fear him or her, then that is likely going to be seen as domestic abuse and not violence. You need to communicate to the court your level or FEAR because of the actions of your partner. Make sure to include your children, if you want them covered under the protective order and how they have witnessed the abuse and how they have been affected. Make an outline on a separate piece of paper and include it as an attachment to your Complaint or use it as a guide so that you don't forget any important facts when you are drafting your Complaint. Stay strong and good luck!

EDUCATE  YOURSELF            EMPOWER   YOURSELF          STOP THE SILENCE          SPEAK UP   
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