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How a Garner Domestic Violence Attorney Can Help
Domestic violence law is complicated. We know these cases are deeply personal. You need an Garner family attorney who understands the full impact of domestic violence and how hard it is to leave.
Our domestic violence lawyers in Garner know how to navigate the legal system and use it to protect yourself and your family. Let attorney Breeden:
- Prepare the documents for temporary and long-term protective orders
- Appear in court during the domestic violence court process
- Deal with protective order violations
Domestic violence cases can also impact other areas of your life, including child custody, visitation, child support, divorce, and alimony. Domestic abuse is usually a crime, too. The alleged perpetrator can face misdemeanor or felony charges, leading to jail time, fines, and other penalties.
Trying to Leave a Violent Situation?
A domestic violence lawyer in Garner can help you leave a violent relationship or household. Breeden Law Office can connect you with local programs and resources. We can also help you tackle various legal issues, like divorce, child custody, DDS investigations, and protective orders.
Wrongfully Accused of Domestic Abuse?
If you’re facing domestic violence accusations, it’s best to hire an attorney right away. You shouldn’t talk to your accuser or try to clean up a misunderstanding with the police. A domestic violence lawyer will defend you and help you prove the allegations are false.
Domestic Violence Law Garner, NC
North Carolina General Statutes §50B defines domestic violence as mistreatment between people who share a personal relationship, such as:
- Current or former spouses
- People of the opposite sex who currently or previously lived together
- Parents, grandparents, children, and grandchildren
- Any person with a parent-like relationship with a minor
- Individuals who have a child together
- Current or former housemates
- People of the opposite sex who are dating
Examples of Domestic Violence in North Carolina
Domestic violence includes:
- Intentionally causing or trying to cause someone bodily harm
- Threatening someone and putting them in fear of imminent bodily injury
- Rape or certain other sex crimes
- Verbal and emotional abuse
- Harassing, threatening, or stalking someone in a way that inspires fear
Signs of Domestic Abuse
There are many possible signs of verbal, emotional, and physical abuse, including:
- Coercing you into participating in sexual activities
- Extreme jealousy and possessiveness
- Resentment toward your relatives and friends
- Controlling what you can and can’t do or who you can see
- Requires you to ask for permission to do certain things
- Insults, shames, and degrades you
- Blames you
- Claims that you aren’t supportive
If you notice these signs in your relationship, you may be the victim of domestic abuse. But you might now know what to do or how the law protects you. Talk with a Garner domestic violence lawyer about your rights and options.
Related Domestic Violence Topics
Surviving Domestic Violence in NC
If you’ve suffered domestic violence or abuse in North Carolina, you have rights to protect you and your family. Our Garner domestic violence lawyers can help you.
Watch Video
What You Can Do About Domestic Violence
Whether you’re the victim of domestic violence or wrongfully accused, you have options. North Carolina law takes domestic abuse allegations very seriously.
Protective Orders in Garner, NC
You might know these as restraining orders. These court orders are one way to stop an abuser from contacting, harassing, or harming you.
There are two types of protective orders in North Carolina.
50B Domestic Violence Protective Orders: This order is for victims of domestic violence. The Judge has discretion in how to ban contact between the abuse and their victim. It also gives law enforcement the right to punish DVPO violations.
To get a DVPO, you’ll have to go through a full court hearing where your abuser and their lawyer have a right to present evidence and fight your claims.
Temporary Protective Orders: These are ex-parte orders because you can get one in an emergency without informing your abuser. These orders only last 10 days. Then you have to appear in court with your abuser if you want a DVPO.
Getting a Protective Order in Garner
To file for a DVPO, follow these instructions:
- Go to the Wake County or Johnston County Courthouse depending on where you live.
- You can also review instructions for the forms online.
- Fill out the DVPO
- Give your paperwork to the Deputy in the courtroom. The Deputy will give it to the clerk in the courtroom.
- Wait in the courtroom until the Judge calls you to the stand
- You’ll be sworn in to testify about the complaint you filed
- The Judge may grant you a TPO until your next court hearing
- Once the Judge signs the paperwork, he Domestic Violence Clerk makes copies of your order and clocks it in. There are no filing fees for a DVPO
- Go to the Victims Services Unit of the County Sheriff’s Office
- A Deputy will process your paperwork and answer your questions
The order will be sent to the abuser you name. You’ll both need to show up in court on the hearing date to present evidence.
Protective Order Violations
Anyone who violates a DVPO can face Class A1 misdemeanor charges. If they plead or are found guilty, they face up to 150 days in jail, fines, and other penalties.
Your Rights as a Victim of Domestic Violence in NC
Learn more about your rights as a victim of domestic violence in North Carolina.
Garner Domestic Violence Resources
Various charities and organizations help domestic violence victims in Garner, North Carolina:
North Carolina Coalition Against Domestic Violence
The Women’s Center in Raleigh, NC
- 919-829-3711
InterAct of Wake County
- DV Crisis Line: 919-828-7740
- SA Crisis Line: 919-828-3005
- SAFE Center: 866-291-0854
Many women’s and family shelters are also located in and around the area. Don’t be afraid to reach out to these organizations for advice on reaching a safe place.
You also can find help through medical professionals or law enforcement. If you need to go to the emergency room or a clinic for medical care, ask to speak with someone about domestic abuse or a social worker.
Let a Garner Domestic Violence Lawyer Help
Breeden Law Office wants you to understand your rights and options when you’re in an abusive situation. Legal tools help, but we know using the legal system can be confusing or intimidating.
Jonathan Breeden is an experienced domestic violence lawyer in North Carolina. He’ll get to know you and your family. He’ll figure out your needs and help you navigate the legal system and local resources.
CALL BREEDEN LAW OFFICE TODAY:
(919) 373-2079Hear from Our Clients
Breeden Law offered exceptional service. I felt extremely comfortable talking with Jonathan and the office staff was pleasant and organized.
Mr. Breeden was very professional. He gave me honest input regarding possible outcomes of my case. He was very responsive when I had a question and when responding to emails. He knows custody law very well and got me exactly what I wanted with regards to my case. I would definitely use him again if needed.
A custody battle is never easy; even harder when you are a grandparent seeking custody. Jonathan Breeden handled our case with great diligence, but oh so delicately. I received full, permanent custody, with no harsh feelings from any parties concerned. Together with Jonathan, there was even suitable visitation arrangements made.