Domestic violence can take the form of not just physical violence but also verbal and emotional abuse.  North Carolina law specifically defines domestic violence to include, among other things, attempting to cause or intentionally causing bodily injury or placing a person (or a member of that person’s family or household) in fear of imminent serious bodily injury or continued harassment that rises to the level of causing substantial emotional distress.  Incessant phone calls or texts, verbal threats or attacks, threats of self-harm or harm to others, stalking, damage to property, and harassment can form the basis of a claim of domestic violence.

When there has been domestic violence between individuals in certain kinds of personal relationships, a domestic violence protective order may be obtained.  These personal relationships include: current or former spouses, individuals currently or formerly in a dating relationship, individuals with a child in common, current or former household members, and certain related individuals such as a parent and child or grandparent and grandchild.

Caleigh has represented both men and women in seeking a domestic violence protective order, sometimes referred to as a “50B” or “DVPO.”  Caleigh has also defended clients in cases where these laws meant to protect were instead wrongfully used as leverage, in spite, or even as a means of abuse. 

A domestic violence protective order lawsuit is not a criminal proceeding, though there may be separate criminal charges related to the domestic violence allegations.  Immediately upon filing the civil complaint for a protective order, Caleigh and the client appear before a judge and, if the circumstances warrant it, obtain an emergency temporary protective order before the defendant has even been served with the lawsuit.  Another hearing will occur within ten days of the judge signing the emergency temporary protective order to give the defendant an opportunity to respond to the allegations.  Sometimes, prior to the start of this second hearing, Caleigh and her client are able to reach a signed agreement with the defendant regarding the terms of any ongoing protective order and, in such instance, the second hearing is not necessary.  Otherwise, at the conclusion of that hearing, the judge will decide whether to extend the temporary protective order for up to one year.  This one-year protective order may be extended for additional years upon a motion and hearing at the appropriate time.   

In addition to restraining the defendant from contacting by any means, harassing, visiting, and abusing the plaintiff and ordering the defendant to stay away from the plaintiff’s residence, place of employment, and other locations, a domestic violence protective order may also include terms related to, among other things, temporary possession of the residence and personal property, protection of pets, the surrender of firearms, and temporary custody.  Included terms concerning property and custody are not final determinations and are only meant to provide temporary arrangements until a separate action is filed to address those specific issues.

If you are considering seeking an order of protection or are wondering if your situation constitutes domestic violence, or if you have been named as a defendant in such an action, please contact Caleigh immediately as time is of the essence in both the pursuit and defense of domestic violence cases.