If you have been charged with a crime of domestic violence, such as simple assault, assault on a female, domestic criminal trespass, communicating threats, or interfering with emergency communication, then the outcome of that criminal case will have a huge impact on your divorce case. Our skilled family law attorneys at Robison Smith Law, have represented numerous clients going through a divorce who are also facing criminal charges associated with domestic violence.
How Will Domestic Violence Affect My Divorce Case?
If you are going through a custody battle, then the domestic violence criminal charges you are facing can impact how much time you will get to see your children. If your spouse also took out a civil Domestic Violence Order of Protection (DVPO), then it is likely that your spouse requested temporary custody of the minor children. A judge will likely hold the hearing on the domestic violence criminal charges and the DVPO on the same date. What happens at this hearing could determine whether or not you see your children for the foreseeable future. The judge can enter a temporary custody order for up to one year. If you are convicted of criminal charges, then those convictions will be taken into consideration at future custody hearings.
Your spouse may also ask for child support or spousal support in a civil DVPO. If you have been the supporting spouse as the primary breadwinner of the family, and your spouse requested child support and spousal support, then you could be paying a hefty sum of money to your spouse. Worst case scenario, if you are convicted of the criminal domestic violence charges and the civil DVPO is entered for one year, then you may not see your children for a year, and you could also be required to pay child support and spousal support to your spouse for up to one year.
Why Should I Hire a Family Law Attorney for Domestic Violence?
Domestic violence issues play a huge role in family law (or divorce) cases. Once you are convicted of any criminal domestic violence charges, or a civil DVPO is entered against you, then it can seem like the cards are stacked against you. As soon as you are charged with a crime of domestic violence, or you get served with a DVPO, be sure to call us right away at Robison Smith Law. (704) 289-4577. Our skilled attorneys will help you navigate through these muddy waters and help you reach the best resolution possible.
What is a Civil Domestic Violence Protective Order (aka 50B)?
A civil domestic violence protective order (DVPO) under North Carolina General Statute § 50B, gives relief against domestic violence. This statute requires a relationship between the people involved, either as current or former spouses, current or former dating partners, people who have a child in common, or current or former household members. If your spouse, dating partner, or household member has caused or attempted to cause you bodily injury, or placed you in fear of imminent serious bodily injury or continued harassment, then you need a domestic violence order of protection. If the judge finds that your complaint is sufficient, then an ex-parte DVPO will be entered without the other person’s knowledge. The defendant will be served by the sheriff and a court date will be set within ten (10) days, so the defendant can defend against the allegations.
In a civil domestic violence protective order, you can also request temporary custody of your minor children, temporary child support, and/or temporary spousal support.
Do I need to hire an attorney?
YES, YES, YES. Whether you are the party seeking a DVPO, or you are the party defending against a DVPO, you need to hire one of the skilled attorneys at Robison Smith Law. Do not risk your future by handling this matter on your own.
A DVPO can affect the future of your custody case and/or your divorce case. A civil DVPO can also show up on a criminal background check, which may affect future employment opportunities.
The allegations in the DVPO are all lies!
Unfortunately, there are occasions when civil domestic violence protective orders are unfounded. If you believe the allegations in the DVPO are baseless and have only been used as leverage in your custody or divorce case, then call our office right away. We will assist you in gathering the evidence you need to refute the allegations in court.
Our attorneys will work diligently to get you the best possible outcome for your specific case. Call us right away at (704) 741-0220.
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