If you are a victim of domestic violence, you can take out a temporary Domestic Violence Protective Order. The alleged act of domestic violence does not need to be physical violence. The court will enter the Temporary Domestic Violence Protective Order if it is convinced that you have been abused (physically or mentally) or sufficiently threatened with abuse. The court will then set a date for a formal hearing within 10 days, at which time the alleged abuser is given an opportunity to defend himself. If you are successful, the court will order a one year order of protection. Additionally, the court can award a temporary custody and support order. If you are a victim and are unsure if you need an attorney at the 10 day hearing, please schedule a $99 consult and we will advise you based on your circumstances and our experience on how you should proceed.
If you are an accused and someone has taken out a Domestic Violence Protective Order against you, it is imperative that you consult with an Experienced Defense Attorney. If a Domestic Violence Protective Order is entered against you, it can result in many negative consequences including no contact with the victim, temporarily losing custody of your children, having to vacate your residence, and being ordered to attend counseling for domestic violence, anger management, and/or alcohol/drug related problems. We know how a domestic violence charge can disrupt your life. It can jeopardize your employment and educational opportunities, your ability to possess a firearm, and cause you much embarrassment and anxiety. Domestic Violence charges can also have a detrimental effect on other legal matters, such as child custody. At The Law Corner, our attorneys are prepared to analyze your case, listen to your individual circumstances, and aggressively defend you in court. Domestic Violence charges in North Carolina are very serious. If you have been charged with Domestic Violence, you need a skilled Criminal Defense Attorney to properly and effectively represent you. Domestic Violence includes any physical or psychological harm inflicted by a significant other, an ex-partner, or a family member. At The Law Corner we handle all types of Domestic Violence cases, including:
A defendant is guilty of stalking if the defendant willfully on more than one occasion harasses another person without legal purpose or willfully engages in a course of conduct directed at a specific person without legal purpose and the defendant knows or should know that the harassment or the course of conduct would cause a reasonable person to do any of the following:
(1) Fear for the person’s safety or the safety of the person’s immediate family or close personal associates.
(2) Suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment.
(1) Course of conduct. – Two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, is in the presence of, or follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
(2) Harasses or harassment. – Knowing conduct, including written or printed communication or transmission, telephone, cellular, or other wireless telephonic communication, facsimile transmission, pager messages or transmissions, answering machine or voice mail messages or transmissions, and electronic mail messages or other computerized or electronic transmissions directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose.
(3) Reasonable person. – A reasonable person in the victim’s circumstances.
(4) Substantial emotional distress. – Significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
Any person found to be in violation shall be guilty of a Class A1 misdemeanor. A defendant convicted of a Class A1 misdemeanor under this section, who is sentenced to a community punishment, shall be placed on supervised probation in addition to any other punishment imposed by the court. A defendant who commits the offense of stalking after having been previously convicted of a stalking offense is guilty of a Class F felony. A defendant who commits the offense of stalking when there is a court order in effect prohibiting the conduct described under this section by the defendant against the victim is guilty of a Class H felony.
It is unlawful for a person to:
(1) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person’s child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
(2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person.
(3) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person’s family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass.
(4) Knowingly permit an electronic communication device under the person’s control to be used for any purpose prohibited by this section.
(1) Electronic communication. – Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.
(2) Electronic mail. – The transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
Any person found to be in violation shall be guilty of a Class 2 misdemeanor.
The Law Corner Divorce Attorneys in Raleigh can help explain the divorce process to you and help you with other divorce related issues, to include, but not limited to, the following:
Qualified Domestic Relations Order (QDRO)
The Law Corner Attorneys help people all over Wake County to include the following areas: Knightdale, Wake Forest, Raleigh, Morrisville, Apex, Wendell, Zebulon, New Hope, Cary, Rolesville, Fuquay-Varina, Holly Springs, and Garner.