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Domestic Violence

If you’re in a situation where you feel afraid of your partner, talking with us at Plekan Law can help you find out what your rights are.

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Domestic Violence Help in North Carolina

If you’re in a situation where you feel afraid of your partner, talking with us at Plekan Law can help you find out what your rights are. We work with you within the law to find solutions for you and any children. Legal solutions often include restraining orders, protective orders, and custody orders.

Find Your Freedom to Live Peacefully

According to the NCCADV, “Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse.”

The law in North Carolina clarifies that domestic violence acts are illegal. If you are a victim, you have the right to take legal action to protect yourself from abuse. Anytime there is aggressive or controlling behavior within a home, there is potential for domestic violence.

In 2020, there were 61 homicides in North Carolina related to domestic violence. These individuals included children, wives, mothers, husbands, fathers, and partners. If you face aggressive or controlling behavior from an intimate partner, find ways to get safe. We can put you in touch with domestic violence support groups who can help you move forward with your life and stay safe.

We Partner With You

At Plekan Law, we also understand your need for legal help as you find your way to safety. We can help you think about the next legal steps while representing your voice and your best legal interests as you go forward. We help you consider protective restraining orders that give you and any children a safe life again as we walk with you through the judicial system to get the protections you need.

If you live in fear or pain due to abuse or controlling behavior, reach out to us at Plekan Law. Let our domestic violence team help you find your way back to the life you deserve. Find safety and wellness for yourself and any children.

What Are Restraining Orders?

A restraining order is a broad term for a court order which restrains or limits someone’s actions. This order can include limiting where the person can live or how close they can come near you or your children. Protections that can help keep you and your family safe include:

Domestic Violence Protective Orders (DVPO)

Anyone residing in North Carolina, regardless of citizenship or immigration status, can file for a DVPO. If your abusive partner violates this order, law enforcement can arrest them on the spot. A protective order can also order the abusive partner to refrain from doing any or all of the following:

  • Contacting you directly, or indirectly including 
  • Threatening, abusing, or following you
  • Harassing you by phone, visiting your home or workplace
  • Treating a household pet cruelly

The Power of a Protective Order

If you are a victim of domestic violence and obtain a protective order, the court grants you protections often including:

  • Giving you possession of the household and excluding the abusive partner
  • Requiring the abusive partner to provide you (as a spouse) and children suitable alternate housing
  • Awarding you temporary custody and establishing temporary child visitation rights
  • Ordering eviction of an abusive partner from residence and assisting you to return home
  • Ordering abusive partner to support minor children
  • Giving you possession of ordering necessary requirements to keep safe combined personal property, including a pet or minor child
  • Ordering an abusive partner to support you as a spouse 
  • Awarding you attorney fees
  • Prohibiting the abusive partner from purchasing a firearm for a specified amount of time
  • Ordering sheriff to deliver protective order to school principals named in the order

Ex Parte/ Emergency Order

You can also request an ex parte or emergency order that grants relief to you before the abusive partner knows about your protection request. An ex parte DVPO may require your abusive partner to:

  • Leave home
  • Stay away from their own children
  • Give up possession of a motor vehicle
  • Surrender their “firearms, ammunition, and gun permits” to the sheriff

If the abusive partner violates the order to surrender firearms, a court can charge them with felony-level criminal acts. A judge only issues an ex parte order when it is clear that you are in danger of domestic violence at this moment.

Who Can File a Restraining Order?

To file this type of order, you must have a personal relationship with the abusive individual, including:

  • Spouse or ex-spouse
  • Currently/previously lived with you or in the same household
  • A person with whom you have a child
  • A person you had a dating relationship with
  • A parent, child, grandparent, or grandchild

We Can Help

Contact us at Plekan Law to help file the restraining orders you need to keep yourself and your family safe. If you are unsure of your next step and just need to understand your options better, contact us for more information about what legal recourse you may have. Our work with victims of domestic violence has given us the experience needed to help you get through this time and find your way to a safer and healthier future.

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