Raleigh Domestic Violence Lawyer

Domestic violence situations carry grave implications for all involved. The physical results of abuse can be tremendous. However, the emotional consequences can be even more distressing. Fear, doubt, anxiety, uncertainty, and feelings of isolation are just a few. Though you may realize that a Raleigh domestic violence lawyer can provide legal help, you may feel overwhelmed about reaching out.

If you, a family member, or loved one is facing abuse or related issues, it’s critical to retain the help of a compassionate, knowledgeable domestic violence attorney right away. A lawyer can help you navigate the complicated laws and proceedings that are intended to keep you safe.

Raleigh family attorney Jonathan Breeden has years of experience assisting families in Wake County and surrounding area, and he has helped provide support for people tackling these difficult situations. Though he approaches each matter with sensitivity and empathy, attorney Breeden is assertive and persistent in enforcing your rights. Contact Breeden Law Office at (919) 480-8005 to schedule a consultation.

What rights do I have as a victim of domestic violence in North Carolina?

How a Domestic Violence Attorney Can Help

Domestic violence is a complex area of law that can be further complicated by the deeply personal nature of these cases. Raleigh domestic violence lawyer Jonathan Breeden has the in-depth knowledge and extensive experience necessary to represent your interests and ensure your protection. He can assist with:

• Preparing the documents for protective orders, including TPOs (temporary protective orders) and DVPOs (domestic violence protective orders)
• Court appearances and hearings as required by the domestic violence court process
• Violations of TPOs and DVPOs

Additionally, domestic violence may impact other areas of your life. You may need assistance in filing for divorce and navigating the proceedings. An attorney can represent you with child custody, visitation, and support, as well as alimony and asset division. Many forms of domestic violence are considered criminal cases, so you may need help if you are accused of abusive acts. You face incarceration, fines, and probation if convicted, but you are entitled to your day in court. With a lawyer from a domestic violence law firm to defend your interests, you are in a better position to obtain a favorable result.

Domestic violence lawyers are useful resources when attempting to exit a violent domestic environment. Jonathan Breeden is an experienced legal advocate who can tackle complex legal issues and employ all available tools allowed by law. He can also connect you with programs and organizations that can help you look forward to a brighter future.

Wake County Protects Domestic Violence Victims

The law defines domestic violence (NCGS) § 50B as mistreatment between parties who share the following personal relationships:

• Married couples
• Former spouses
• Military Families
• Persons of the opposite sex who have or had a co-habitational relationship
• Parents, grandparents, children, and grandchildren
• Any person bearing a parental-type relationship with a minor child
• Individuals who have a child together
• Current or former housemates
• Persons of the opposite sex who are in a dating relationship

Types of abuse that constitute domestic violence include:

• Intentionally causing, or attempting to cause, bodily injury
• Threats that place a person in fear of imminent bodily injury;
• Rape or specified sexual offenses
• Verbal and emotional abuse
• Engaging in harassment, threats, or stalking that inspires fear

In addition to these descriptions of domestic violence, some examples may also be useful. Behaviors that may indicate the presence of abuse include:

• Sexual coercion
• Extreme jealousy and being overly possessive
• Resentment toward other family members and friends
• Overbearing, controlling behavior
• Demands that you obtain permission for certain activities
• Verbal abuse, insults and degrading comments directed at you
• Placing blame
• Claims that you are not supportive

Even when you know that you are in a domestic violence situation and are engaged in a personal relationship that’s protected by law, your options may not be as clear. Fortunately, you do have legal options. Raleigh domestic violence lawyer Jonathan Breeden will handle all aspects of your case, ensuring your safety and helping you take control over your life.

What You Can Do About Domestic Violence

Regardless of your situation, you do have options to address domestic violence. North Carolina treats these matters very seriously, so there are legal alternatives and resources to provide support in abusive situations.

Individuals and families involved in domestic violence situations have powerful tools available to protect themselves and their families, including:

Raleigh Protective Orders

Protective orders, often referred to as restraining orders, can be used to prevent an abuser from contacting, approaching, or harassing you. There are two types of protective orders under North Carolina law:

• 50B Domestic Violence Protective Orders (DVPOs)
  This is a restraining order specifically designed for victims of domestic violence. It gives the judge more discretion in prohibiting contact between abusers and victims, as well as gives law enforcement more authority to punish violations. To obtain a DVPO, you will need to attend a full hearing so your abuser and opposing attorneys may present evidence to fight your claims.
• Temporary Protective Orders, also referred to as ex-parte orders, are available when you need protection in urgent or emergency situations. Because notifying your abuser of the proceedings isn’t necessary, that person doesn’t have a chance to be heard in court. It is important to note that these orders are only for 10 days.

For help in clarifying which type of protection order you need, contact a Raleigh domestic violence lawyer at Breeden Law Office for help.

Filing for a Protective Order in Wake County

According to the Wake County Sheriff, you can obtain a domestic violence protective order by doing the following:

• Go to the Wake County Courthouse at 316 Fayetteville St., Room 527, 5th Floor Civil Clerk of Court, and the Domestic Violence Unit to obtain a Domestic Violence Protection Order (DVPO) and complete it.
• Go to Courtroom 5A between 2:00 p.m. and 4:00 p.m. to give your paperwork to the Deputy working that courtroom. The Deputy will give it to the clerk in the courtroom.
• The Judge will call you to the stand, and you will be sworn in to testify about the complaint you have just filed.
• Once the Judge signs the paperwork, go back to Room 527. The Domestic Violence Clerk will make copies of your order, and it will be clocked in.
• Go to the Victims Services Unit of the Wake County Sheriff’s Office, Room 542. A Deputy will process your paperwork and answer any other questions that you may have.

Your order will then be sent to the defendant.

Violating a Protective Order

Violating the 50B in North Carolina can result in a Class A1 misdemeanor charges. This is  punishable by up to 150 days in jail. In addition, if you are charged with another offense while violating the order, like assault or trespassing the penalties are increased.

Domestic Violence Resources

There are charities and social service organizations in Raleigh that aim to help you escape domestic violence and move forward with your life. Some resources you can turn to include:

• Wake County Women’s Shelter and InterAct of Wake County – for families in need of accommodations
• Counseling centers
• Organizations offering courtroom companions to provide support during official proceedings
• Address-shielding programs, which keep your contact information confidential and prevent an abuser from contacting you
• Crisis centers
• Medical professionals
• Law enforcement
• Programs dedicated to helping abusers address and cease their destructive behaviors

Get Help from a Knowledgeable Raleigh Domestic Violence Lawyer

Researching and understanding your rights under North Carolina domestic violence laws is, indeed, useful. It is, however, imperative to have legal representation on your side when handling a case involving abuse. The statutes and procedural requirements for protective orders are extremely complex, and mistakes may put your life and safety at risk.

Attorney Jonathan Breeden is an experienced domestic violence attorney who will take advantage of all available options and strategies to protect you and your family. For years, he has dedicated his legal practice to helping clients as they try to escape domestic violence.