Domestic Violence Lawyers in Greensboro
Protecting You & Your Loved Ones from Abuse
If you and your family are being subjected to domestic violence, abuse, or harassment, reach out to the Law Office of Stephen E. Robertson, PLLC immediately. Our Greensboro domestic violence attorneys can provide the advice and support you need to let you take control of the situation. We can walk you through the process of obtaining the protection you deserve.
What Is a 50-B Protective Order?
In North Carolina, a victim of domestic violence may obtain protection through petitioning for a restraining order against their attacker. This is known as a 50-B Protective Order. When granted, such an order requires the abuse to keep their distance from the victim. Should the abuser violate the order, they may be held in contempt of court and put in jail.
To file for a 50-B Protective Order, one must submit a Complaint and Motion for Domestic Violence Protective Order to the county courthouse where he or she resides. The petitioner must serve the defendant with notice of the action along with a court summons. Proof of service must be filed with the Clerk of Court. The parties will need to attend a hearing before a District Court Judge approximately 10 days from the date the Complaint was filed.
Where Do I Get a Temporary Protective Order in Greensboro?
If you or your loved ones are in immediate danger, you can request that the court grant you a temporary “ex parte” restraining order. Ex parte means that the temporary restraining order can be issued in the defendant’s absence. The order will only be valid for 10 days.
The judge will consider several factors to determine if a temporary protective order should be issued, including if the defendant:
- Attempted to cause or intentionally caused bodily injury to the victim
- Caused the victim to fear immediate serious bodily injury
- Possesses or has access to firearms and ammunition
- Used or threatened to use a deadly weapon against the victim
- Committed a sexual offense against the victim
- Threatened to take his or her own life
- Placed the victim in fear of continued harassment that inflicts substantial emotional duress
- Made threats to kill or seriously injure the victim
- Has a history of using or threatening to use a firearm in a violent manner
Divorce from Bed & Board
Sometimes a spouse who is in an abusive situation desires to get a divorce. However, in North Carolina, the spouses must have lived separately from one another for at least one year prior to filing for a divorce. If an abusive spouse refuses to move out, the victim may seek a “divorce from bed and board.”
While not an absolute divorce, this court-ordered separation would force the abusive spouse to leave the marital home. Thus, the victim gains protection, and the clock starts ticking for the year-long requirement for divorce.
Let Us Help You Find a Solution
If you or your loved ones are facing domestic abuse within your home, get in touch with the Law Office of Stephen E. Robertson, PLLC as soon as possible. Our Greensboro domestic violence lawyers can help you obtain a 50-B Protective order. If you are in immediate danger, we can also assist you in filing for a temporary restraining order against your abuser.