In North Carolina, a person who is the victim of domestic violence, the victim of threatened domestic violence, or who is stalked or harassed to the degree he or she suffers emotional distress, may file a complaint and motion for a domestic violence protective order. There must exist or have existed a relationship between the parties, such as being family members, current or former dating partners, parties with a child in common, or current or former spouses.
When the complaint and motion are filed, the alleged victim has an opportunity to seek an ex parte (one-sided) temporary protective order until a hearing is set so that the other side may have an opportunity to be heard. This is a civil action, although the violation of the protective order is a crime. In some instances, the court may temporarily award child custody, child support, and/or spousal support. The court may also grant possession of the residence and/or vehicle(s). Many complex issues are involved in these matters, and many potential pitfalls exist for the party under such an order, including jail time. In such a situation, it is wise to proceed with the assistance of counsel. Call the Law Offices of Ryan B. Addison now for help.