Unfortunately, a number of divorces and separations begin with domestic violence. The North Carolina legislature enacted Chapter 50B of the North Carolina General Statutes to assist a spouse or individual that was the subject of domestic violence. Chapter 50B is a civil remedy that can among other things immediately get the perpetrator of domestic violence out of the house so as to protect the victim.
After the other party has been served with the domestic violence protective order (either the ex parte or the final order) then he/she shall not contact the victim in any manner, including emails, voicemail, through third parties or otherwise or they will be in violation of the order. A violation of this provision is a criminal misdemeanor and the party violating this provision can be arrested and placed in jail pending a bond.
Often but not always, a criminal assault or other charge is filed in conjunction with a domestic violence action under Chapter 50B. This is a very serious matter and you should consult your attorney prior to dealing with either your Chapter 50B case or your criminal matter as the same evidence that may be introduced in one may be used at the other hearing even though the outcomes and consequences are different. The criminal matter is a charge depending on your prior record that may involve jail time and should not be taken lightly.
If you are the victim or the alleged perpetrator of domestic violence it is important to know what the laws are surrounding the North Carolina Domestic Violence laws. Further, it is important to understand how a domestic violence action may ultimately affect your custody, visitation, alimony or other such rights as the divorce and separation progresses.
If you are currently involved in divorce or foresee one, it is important that you know the law that are there protect your rights and your children. Please contact our office today for legal help in your separation, divorce or child custody matters. Williams Family Law will use proven legal strategies, strong evidence and aggressive negotiating to ensure that you present the strongest case. We can be reached at (919) 773-1440 or via email.
