Waxhaw Domestic Violence Lawyer

Waxhaw Domestic Violence Attorney

Domestic violence can disrupt the stability of your home and threaten your physical safety. You can protect yourself by taking immediate legal action and contacting a Waxhaw domestic violence lawyer. A family law attorney in Waxhaw can provide the guidance and support you need to navigate this difficult situation and ensure your rights are protected.

At Lehnhardt Price Family Law, our extensive knowledge of family law allows us to be a vital advocate for you and your loved ones. We are prepared to handle your case.

Restraining Orders for Perpetrators of Domestic Violence

Victims of domestic violence may file a restraining order, formally known as a domestic violence protective order or DVPO, against people they have a relationship with in any of the following ways:

• A spouse or ex-spouse
• The other parent of a child you share
• A former dating partner
• Current or former household members
• A parent or grandparent
• A child or grandchild

If your relationship with the perpetrator does not fall into one of these categories, you must file a 50C order against them instead. If you have been helped by a domestic violence agency, you may have already filed a DVPO. However, our team can walk you through the process as well.

Filing a Domestic Violence Protective Order

Filing a DVPO begins with paperwork provided by a county clerk or online. A judge may speak with the plaintiff to ask about the details of the domestic violence acts that occurred before court papers are served to the defendant through service by your city’s sheriff.

Next, both parties must attend a hearing date wherein the defendant can choose to consent or not to consent, the latter warranting an additional trial in which witnesses can share testimonies regarding the allegations.

A DVPO can determine many aspects of a relationship, such as temporary child custody arrangements and the use of shared vehicles and residences. DVPOs mandate that the perpetrator have no contact with the victim. If a perpetrator does not adhere to the rules of the DVPO, they can be held arrested or possibly in contempt of court. Child custody attorneys in Waxhaw specialize in navigating complex cases involving domestic violence, ensuring that the best interests of the child are upheld while safeguarding the parent’s rights during custody proceedings.

Collecting Evidence for a Domestic Violence Case

During a court trial in Waxhaw, both the defendant and the plaintiff can present evidence in the form of:

• Pictures
• Recordings
• Documents
• Witness testimonies
• Testimonies from both parties

It is important to have as much evidence as you can during the trial. Once the trial begins, you may not present any other evidence or request further witness testimony.

If you are having difficulty determining what kind of evidence to submit or whether or not your evidence is valid in court, a domestic violence lawyer can help you sort it out. If a threat to your safety prevents you from collecting necessary evidence, we can figure out an alternate method for collecting it.

Domestic Violence vs. No-Fault Divorce in North Carolina

Due to North Carolina’s no-fault divorce rule, you cannot cite domestic violence as a reason to get a divorce. However, if you are married to the perpetrator of the domestic violence, an attorney can help you align any protective orders with the mandatory one-year separation period required by the state to file for divorce. Getting out of a marriage that is endangered by domestic violence can contribute to your overall safety and protect your family. A divorce lawyer in Waxhaw can assist in navigating these challenges, ensuring your rights and safety are prioritized during the process.

False Domestic Abuse Charges

At Lehnhardt Price Family Law, we aim to protect families from harm and abuse. Domestic violence can have irreversible effects on a family unit, but so can false domestic abuse claims. These claims, even if they are untrue, can result in your rights being revoked. False accusations can compromise your ability to raise or even be with your children, and/or to possess firearms.

When this happens, a family lawyer from our team can help you establish a defense against this claim. Your family’s well-being is our priority. Do not let a false domestic violence claim go uncontested.

FAQs About Waxhaw, NC Domestic Violence Law

How Long Do You Go to Jail for Domestic Violence in North Carolina?

In North Carolina, the DVPO is a civil matter; however, depending on the situation, criminal charges may also be brought against the alleged offender.  In those cases, the amount of time you can be sentenced to jail depends on the extent of the violence, who the violence was aimed toward, and the method of violence. The framework of these charges is based on regulations for assault charges, but they may be enhanced for instances of relationship abuse. Due to the broad range of assault charges, domestic violence can be tried as a misdemeanor or a felony.

What Is the Domestic Violence Law in North Carolina?

Domestic violence law in North Carolina protects victims of domestic violence through immediate court orders for protection, relief, and custody changes if children are involved. North Carolina legal statute 50B outlines the jurisdiction of courts over domestic violence cases, types of relief they can order, penalties for the defendant, including jail sentences, enforcement of court orders, and further resources for domestic violence victims.

How Much Is a Domestic Violence Lawyer in North Carolina?

The cost of hiring a domestic violence lawyer in North Carolina can vary based on the circumstances of your case. Claims that require more work and/or multiple court dates can warrant higher fees. Domestic violence lawyers can also base their fees on established reputations, legal experience, and the complexity of the case. Before you commit to hiring a private attorney, discuss the details of your case with them during a consultation.

Support for Domestic Violence Cases in North Carolina

Domestic violence can cause enormous damage to a family unit. We handle these cases with the utmost care and sensitivity to our clients. Contact our team today to schedule a consultation with a Waxhaw domestic violence lawyer. We have the tools and the legal knowledge to support you through your case.