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WHAT CAN I DO RIGHT NOW IF MY SPOUSE IS ABUSING OR THREATENING ME OR MY CHILD? _____Most experts agree that domestic violence is increasing at an alarming rate. As a result, the courts and legislature in North Carolina have gone to great lengths to protect victims of such abuse. Section 50B of the North Carolina General Statutes provides great protection for those who meet the criteria to file a Complaint seeking protective action. _____First of all, you must be, or have been, in some relationship with the person you're seeking protection from such as husband-wife, boyfriend-girlfriend, parent-child, parents with a child in common, roommates, or a homosexual couple. ______Second, you must allege and prove that the person you are, or have been, in a relationship with has attempted to, or actually has, caused or intentionally placed you or your child in fear of serious and imminent bodily injury. Even continued harassment can constitute domestic violence if it causes you serious emotional distress. _____If you meet these two criteria, you are qualified to get a restraining Order against the offender. Obviously, if you or your child is in immediate danger, call 911 and get the proper law enforcement officers involved. They will help you to get in touch with people in the Clerk's Office or the Magistrate's Office who can provide you with the necessary Complaint to fill out for an "ex parte" or immediate Order of protection. This fill-in-the-blank form is not difficult to complete. Once you complete the Complaint, you will appear in front of a judge or someone he or she assigns to hear such matters, to have you to attest to the allegations in your Complaint. The offender will not be given notice of this hearing and will not appear to contest your Complaint at that time. If an Ex Parte Protective Order is entered, the offender will be served with the Complaint, and a formal hearing will be held within ten (10) days where he or she has an opportunity to defend himself or herself. If, after the hearing, the judge decides to extend the Protective Order, it can be continued in effect for any period of time that the judge determines up to one (1) year. Even after the year's period has ended, you may petition the Court to extend the Protective Order for an additional period of time. _____An Ex Parte Protective Order as well as a subsequent Protective Order can give you the following relief - (a) it can order the offender not to assault, threaten, harass, follow, or communicate with you in any way, (b) it may order the offender out of the residence where you and the offender were residing only allowing him or her to obtain his or her personal effects with a law enforcement officer present, (c) it may order the offender to pay for suitable housing for you in the interim, and (d) it may order child custody or support, although this is seldom done, requiring you to file a separate action for permanent custody and child support. DOWNLOAD AND PRINT THIS ANSWER This website is intended solely for use by North Carolina residents as the legal information received, in response to the questions ordered, deals exclusively with North Carolina law. Copyright C 2006 All Rights Reserved. Site Dev. by Cyber Inks Co.

WHAT CAN I DO RIGHT NOW IF MY SPOUSE

IS ABUSING OR THREATENING ME OR MY CHILD?

_____Most experts agree that domestic violence is increasing at an alarming rate. As a result, the courts and legislature in North Carolina have gone to great lengths to protect victims of such abuse. Section 50B of the North Carolina General Statutes provides great protection for those who meet the criteria to file a Complaint seeking protective action.

_____First of all, you must be, or have been, in some relationship with the person you're seeking protection from such as husband-wife, boyfriend-girlfriend, parent-child, parents with a child in common, roommates, or a homosexual couple.

______Second, you must allege and prove that the person you are, or have been, in a relationship with has attempted to, or actually has, caused or intentionally placed you or your child in fear of serious and imminent bodily injury. Even continued harassment can constitute domestic violence if it causes you serious emotional distress.

_____If you meet these two criteria, you are qualified to get a restraining Order against the offender. Obviously, if you or your child is in immediate danger, call 911 and get the proper law enforcement officers involved. They will help you to get in touch with people in the Clerk's Office or the Magistrate's Office who can provide you with the necessary Complaint to fill out for an "ex parte" or immediate Order of protection. This fill-in-the-blank form is not difficult to complete. Once you complete the Complaint, you will appear in front of a judge or someone he or she assigns to hear such matters, to have you to attest to the allegations in your Complaint. The offender will not be given notice of this hearing and will not appear to contest your Complaint at that time. If an Ex Parte Protective Order is entered, the offender will be served with the Complaint, and a formal hearing will be held within ten (10) days where he or she has an opportunity to defend himself or herself. If, after the hearing, the judge decides to extend the Protective Order, it can be continued in effect for any period of time that the judge determines up to one (1) year. Even after the year's period has ended, you may petition the Court to extend the Protective Order for an additional period of time.

_____An Ex Parte Protective Order as well as a subsequent Protective Order can give you the following relief - (a) it can order the offender not to assault, threaten, harass, follow, or communicate with you in any way, (b) it may order the offender out of the residence where you and the offender were residing only allowing him or her to obtain his or her personal effects with a law enforcement officer present, (c) it may order the offender to pay for suitable housing for you in the interim, and (d) it may order child custody or support, although this is seldom done, requiring you to file a separate action for permanent custody and child support.

DOWNLOAD AND PRINT THIS ANSWER

This website is intended solely for use by North Carolina residents as the legal information received,
in response to the questions ordered, deals exclusively with North Carolina law.