Domestic Violence FAQs
Hear from our Family Law Attorneys directly as they answer frequently asked questions about filing protective orders and how to protect yourself from false allegations of domestic violence.
Domestic Violence FAQs
Hear from our Family Law Attorneys directly as they answer frequently asked questions about filing protective orders and how to protect yourself from false allegations of domestic violence.
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Protective Orders
A domestic violence protective order is a civil order in which one party goes to the court ex parte (without the other party present) and explains why they are substantially frightened or feel harassed by an opposing party.
50B
A 50B is for parties that have a domestic relationship (former spouses, parents, and children, or have otherwise lived in the same house.)
50C
A 50C is for people who have never resided together (colleagues, friends, relatives that don’t live together.)
If and when an ex parte order is granted, it requires the accused to have no contact with the other person, not via text, phone, social media, or through a third party. If a 50B or 50C is violated, it could very well lead to criminal charges, even though they are civil orders.
Court Hearing
After the orders are entered into, there will be a hearing in about ten days so the accused can present evidence to refute the claims of the other party and state why the order shouldn’t have been granted. This evidence may include texts, medical records, arrest records, witness testimony, and maybe even videos. The court will make a final decision at that point as to whether the order will remain in place or not.
Domestic violence can have a huge impact on your life, including custody of your child. If a protective order is granted the court can give temporary child custody to the party bringing the accusations. You can file a custody lawsuit for a judge to decide what the best interest of the child is. It’s important to move quickly to protect your rights as a parent. If you are subject to a domestic violence protective order and have questions about your custodial rights, please give one of our family law attorneys at Dummit Fradin a call.
Domestic Violence Restraining Order
A domestic violence restraining order, normally called a protective order, is one that would keep one party away from the other. It forces no contact in other words.
Restraining Order
A restraining order, however, can be used temporarily and is often used to keep one party from spending or getting rid of marital assets in the event of separation, alimony, or something similar.
A respected family law attorney explains the importance of a proactive approach in handling a domestic violence protective order (commonly known as a 50B). 50bs are civil orders with criminal consequences, as such, if one is issued against you it can have a significant effect on your life. Child custody, employment, professional licensure, and the ability to own a firearm are all affected. With only a 10-day window to present your side to the judge, you will need to act fast to gather evidence and prepare a full trial to counter false allegations and ensure a fair hearing. Contact us today to schedule a consultation if you are facing a DVPO.
Assault on a Female
Please note, Assault on a Female is a criminal charge, not a domestic one. However, there is some overlap. If you have been charged with Assault on a Female, please see our defense page.
Criminal Defense Attorney Anastasia Tramontozzi explains that while not all assault on female cases occurs in domestic settings, for the purposes of owning firearms, these are all treated as such by federal law. The two parties don’t even have to know each other. The only requirements are, the accused must be a male 18 or older and the accuser must be a female. If he is found guilty or pleads guilty, he loses his Constitutional right to possess a firearm. So, while assault on a female cases may not be domestic cases technically, the law considers them domestic cases and the consequences are as severe.
Criminal Defense Attorney Anastasia Tramontozzi discusses assault on a female case and why the State is not going to drop the charges, even if the female is willing to do so. However, the way the case proceeds is entirely dependent upon the policies of the county and the elected DA prosecuting the case. Therefore, a number of factors should be looked at when it comes to defense. For instance, what is the relationship between the two people involved? Was there any physical violence? Were there any witnesses? Was the accused exercising his Constitutional right to self-defense, in other words, was the force reasonable? And is the woman doing the accusing reliable or does she have an ulterior motive, a reason to lie? Regardless, each case is unique, and everyone is entitled to the best defense possible. Call one of our Criminal Defense Attorneys today!
Criminal Defense Attorney Anastasia Tramontozzi discusses the consequences of an assault on a female conviction in North Carolina. While this is typically a misdemeanor, it can be elevated to a felony charge if strangulation or a deadly weapon was involved. Even if the charge remains a misdemeanor, you still face up to 60 days in jail and lose your right to own firearms. Plus, the charge can never be expunged. So, before you try and handle an assault on a female charge on your own, contact one of our experienced Criminal Defense Attorneys and let us help!
Criminal Defense Attorney Anastasia Tramontozzi explains the 48-hour rule as it applies to an assault on female charges. Many people think that when they are charged with assault on a female there is a mandatory 48-hour cooling-off period, and they will spend that time in jail. This used to be true but is no longer the case. When charged with assault on a female, you have a Constitutional right to go before the first available judge within that 48-hour timeframe. So, if you’ve been charged with assault on a female, consult with one of our attorneys and bring your bond paperwork. Make sure your rights have been respected.
