Domestic Violence Victim Lawyer in Raleigh, NC

Knowing what to do if you are confronted with a potentially abusive situation is critical to your efforts to protect yourself from domestic abuse. Abusers often behave in unpredictable ways, with seemingly minor incidents or disputes quickly escalating to violence.

Whether you still live with an abuser or potentially abusive person, or if you have already sought refuge from an abusive environment, it is critical to create a plan of action in case you are confronted with a potentially abusive situation.

Taking out a protective order (commonly referred to as a “restraining order”) is an additional step you may take to protect yourself from an abusive individual. North Carolina courts issue two types of protective orders:

• Ex parte or temporary protective order (TPO) – This type of protective order may be issued immediately in an emergency situation, or within as few as 72 hours after a request is made. These orders are issued without the abuser being present at the hearing, and the order is temporary.
• 50B domestic violence protective order (DVPO) – A full hearing is required for the issuance of this type of protective order, and its duration is much longer – often up to one year.

A violation of either type of protective order can result in criminal sanctions. In order to obtain either type of order, you have to show the court why you need protection. An attorney can help you fulfill this requirement.

Domestic violence harms victims in many ways. Some of the most common effects of domestic violence include:

• Physical injury, such as bruises, sprains, fractures, and broken bones
• Chronic fatigue
• Tremors and always feeling “on edge”
• Sleep problems
• Sexual dysfunction
• Depression and anxiety
• PTSD
• Low self-esteem
• Addiction to drugs or alcohol

A North Carolina domestic violence protective order – also called a “DVPO” or “50B order” – can be obtained by doing the following:

• File the DVPO paperwork in the civil clerk’s office.
• A short hearing will be held between you and the judge. If the judge feels that you are suffering from domestic abuse, a temporary domestic violence protection order will be issued. A future hearing will be scheduled to determine if a long-term order should be granted.
• At the next hearing, which will require both you and the alleged abuser to attend, the court will make a decision about granting a permanent restraining order. If a long-term order is granted, it will likely be valid for one year, but it can be renewed.

Victims of abuse are protected by North Carolina domestic violence laws. While the law doesn’t always prevent abusers from retaliating, there are many ways victims of domestic violence in North Carolina can protect themselves:

• Those in danger of immediate harm can file a petition for a temporary domestic violence protection order. Temporary orders can be approved within a few days of filing a petition.
• After obtaining a temporary domestic violence protection order, victims can request a long-term protective order at a later hearing. This prohibits the abuser from continuing to stalk, harass, or abuse the victim for up to a year.
• There is an Address Confidentiality Program available for victims of domestic violence in North Carolina. This helps victims conceal their address for added protection from abusers.
• If a victim’s living situation is unsafe and they have nowhere to go, victims can stay at domestic violence shelters in North Carolina.

Children who are victims of domestic violence (physical or emotional) suffer in many ways, even if they are just witnessing the abuse between their parents.

During childhood, children may be withdrawn and unable to form lasting friendships. They may also act out and have behavioral problems at school. During adolescence, these problems often get worse, causing the child to develop eating disorders or drug addiction. They may engage in risky or self-destructive behavior.

Unfortunately, these problems rarely go away in adulthood without therapy. Adults who witnessed or suffered from domestic violence as children sometimes repeat the abuse cycle against others. Or, they get involved in abusive relationships.

Domestic abuse happens to people from all walks of life, professions, and backgrounds. Knowing how to recognize the signs of domestic violence in victims can help your friends or loved ones get the protection they need.

Here are some of the most common warning signs of domestic violence:

• The victim becomes withdrawn and gradually sees his or her friends less and less. Abusers often use social isolation to control their victims and erode their self-esteem.
• The abuser frequently berates, criticizes, or humiliates the victim in front of others.
• The abuser often minimizes the victim’s accomplishments.
• The abuser treats the victim as more of a sex object than a person.
• The abuser destroys the victim’s belongings or takes them away.
• The abuser limits the victim’s access to money or a car.
• The victim regularly has bruises or other injuries that they quickly dismiss or don’t want to discuss.

Yes, men can be victims of domestic violence. It’s estimated that 1 in 4 men have suffered physical violence at the hands of an intimate partner. Unfortunately, men are often reluctant to report domestic violence due to the social stigma and the fear of not being believed.

If you are a man who is being abused, it’s important to know that help is available. Our Raleigh domestic violence attorneys have helped men get the protection they needed to move out of dangerous relationships.

In addition to physical violence, men in abusive relationships often suffer from emotional abuse. Emotional abuse is still abuse, and you have rights under North Carolina domestic violence laws to be free of abuse including intimidation and threats of violence.

Some of the most common types of emotional abuse that men suffer:

• Verbal abuse in private, or humiliation and belittling in front of friends and family.
• Extreme jealousy and accusations of the victim being unfaithful.
• Attempting to control the victim in various ways, such as hiding car keys, taking away medications, and controlling the victim’s spending.
• Threatening to make false allegations or threatening to take away the victim’s children if the abuse is reported.

If you’re suffering from domestic violence in North Carolina, there are steps you can take to protect yourself from further harm. A North Carolina domestic violence protective order is the primary method of protecting victims from abuse.

If you believe you or your child is in danger of immediate harm, you can file a petition for a temporary domestic violence protection order. The judge can grant a temporary protective order for emergency purposes without the defendant being notified in advance of the hearing. A temporary domestic violence protection order can be made within just 72 hours after filing the petition.

When the emergency order is granted, the judge will schedule a future hearing with you and the alleged abuser (“defendant”) so that a long-term order can be considered. If the judge feels that the defendant did commit domestic violence against you, then the judge will issue a long-term protective order. They are typically valid for one year but can be renewed.

A North Carolina domestic violence protective order can do the following:

• Prohibit the abuser from committing further acts of abuse, harassment, or stalking.
• Order the abuser to stay away from the victim’s workplace or home.
• Grant the victim possession of the home or require the abuser to provide alternate housing for the victim and any minor children involved.
• Order temporary child custody and visitation arrangements.
• Temporarily prohibit the abuser from buying a gun.
• Require the abuser to attend counseling programs for domestic violence.
• Any other restrictions that the court deems necessary to protect the victim and any minor children.

The caring legal team at Charles R. Ullman & Associates can review your situation and discuss whether a protective order is appropriate. Contact us at (919) 336-0870 to meet with one of our Raleigh domestic violence attorneys to schedule a consultation.

People in certain occupations are required by law to report suspected domestic violence. Doctors, other healthcare professionals, teachers, and day care workers are required to report suspected domestic violence. People in these professions should familiarize themselves with the signs of domestic violence in victims.

Whether or not you are legally required to report domestic abuse, you should encourage a friend or loved one to speak to a domestic violence attorney if you suspect that he or she is a victim of domestic violence or in an abusive relationship.

At Charles Ullman & Associates, an experienced domestic violence victim attorney can help you seek a domestic violence protection order if needed and help you locate a domestic violence shelter and other services.

Under North Carolina domestic violence laws, domestic violence is defined as abuse or acts of violence between two people who share a personal relationship.

When thinking about what constitutes domestic violence, it’s important to recognize that domestic violence laws don’t only apply to married couples.

In addition to spouses, domestic violence can occur between:

• Parents (or guardians) and their children
• Grandparents and their grandchildren
• Two people who live together
• Opposite-sex couples who are dating
• Two people who have a child together

The following acts of abuse are considered to be domestic violence in North Carolina:

• Intentionally causing physical injury or attempting to cause physical injury.
• Keeping the abused person or a member of the abused person’s family in a state of fear with threats of injury or continued harassment.
• Committing sexual assault, rape, or other sex-related crimes on the abused person.