Restraining and Protective Orders
We may all choose to believe that married couples who may be going through relationship difficulties will be able to manage problems in a calm and civil style, but unfortunately, this may not be typically the case. There are times when one of the partners involved reacts violently towards the news they are to be served with a divorce petition, and those who find themselves the sufferers of these incidents have recourse in the shape of a domestic violence protective order. In the North Carolina General Statutes, a code that governs domestic violence protective orders can be found in Chapter 50B.
Domestic violence in this situation will not be confined to simply actual or attempted bodily injury. It also involves harassment and intimidating behavior that creates worry of bodily harm or ongoing harassment. Domestic violence protective orders are generally not only applicable to married couples. Domestic violence might be defined in the North Carolina General Statutes as happening between individuals who are engaged in a “personal relationship.” These types of “personal relationships” occur among partners of the opposite gender that are living together, children, parents, grandparents, those who have in the past lived together, individuals who are or have been dating, and also men and women who may have had a child or children with each other.
People who are attempting to get a domestic violence protective order accomplish that by filling out all the essential paperwork with the Clerk of the Court in the North Carolina county in which the actual incident allegedly occurred. The Clerk of the Court will then offer the documentation to the judge, who can issue what is known as an ex-parte domestic violence restraining order. That order will probably be in place until a hearing happens within ten days, and during the hearing the accused will be given an opportunity to reply to the allegations. After hearing all of the testimony the judge would make a decision on a solution, and that can include a restraining order that continues to be effective for one full year in addition to a short-term child custody and support decision.
For those who may need more details concerning restraining and protective orders, get in touch with a Fayetteville military divorce attorney to request a free assessment. A good divorce lawyer Fayetteville will help you with these areas of a Fayetteville NC divorce.
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