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Domestic
Violence
If
you have been a victim of domestic violence, you need
to take action immediately to prevent further physical or emotional
harm to yourself and your family, especially when
there are children in the home. Haas McNeil & Associates, P.A. is a Family Law firm based in Raleigh, N.C.
committed to helping individuals and families affected
by domestic violence and a variety of other matters,
including divorce, alimony, property division, child
custody and child support.
Research
has shown that domestic violence can occur in any home -
it does not matter what the race, religion, gender,
orientation, social status, or financial status might
be.
Domestic
violence can take a number of forms of abuse,
including:
- Physical, such as slapping, punching, pulling
of the hair or shoving.
- Sexual, such as forced or coerced sexual acts or
behavior such as unwanted fondling or intercourse,
or jokes and insults aimed at sexuality.
- Emotional, including threatening to hit, harm or
use a weapon on another, telling others
confidential information, attacks on self esteem,
controlling or limiting another's behavior,
repeated insults and interrogation.
- Economic, such as preventing the other person
from getting or keeping a job, making the other
person ask for money, giving the other person an
allowance, taking the other person's money, and
not letting the other person know about or have
access to family income.
You can
seek legal protection from acts of domestic violence
done to you or your minor child by someone you have had
a "personal relationship" with. This means you can seek
protection from:
- Your
spouse, or ex-spouse
- A
person of the opposite sex with whom you live or used
to live
-
Someone you are related to, including parents,
children, grandparents and grandchildren, over the age
of 16
-
Someone with whom you have a child in common
- A
current or former household member
-
Someone of the opposite sex whom you are dating or
have dated
You may
seek protection from a same-sex partner who has
been a household member. However, judges do not always
rule consistently in these cases.
Read
North Carolina statutes regarding how Domestic Violence
is defined.
Legal
protection usually means a Domestic Violence Protective
Order (DVPO), which is also called a restraining
order, or a 50-B protection order. It is a
court order which is
signed by a judge and tells your abuser to stop the
abuse or face serious legal consequences. It offers
civil legal protection from domestic violence to both
women and men victims.
Read
North Carolina law regarding relief from Domestic
Violence.
The courts issue two types of
Domestic Violence Protection Orders: an Ex-Parte (emergency; without the other
side being present) DPOV and a Final
DPOV.
The Ex-Parte is a temporary order
that protects the alleged victim and minor children
until the domestic violence court hearing. Ex-Parte
orders can be obtained 24 hours a day, seven days a
week, without an attorney present, and there are no
court fees for getting one.
Final DVPO are issued after a court hearing.
Criminal charges are also an option in many cases.
Read more about how a DVPO can
help.
The laws governing domestic violence are complex.
The experienced family law attorneys of Haas McNeil & Associates, P.A. will guide you through the legal
process. Commitment and responsiveness to our
clients' needs are our top priorities. Please
contact us at 1-866-783-9669, or via our online contact
form, to get more information and schedule a
consultation with one of our attorneys.
Please see our client resources page for State
agencies and organizations assisting victims of
Domestic Violence.
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