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Domestic violence is generally defined as: the imminent fear and/or the infliction of: an assault, physical injury, sexual abuse, harassment, or stalking. Anyone in North Carolina who is a victim of domestic violence may want to think about obtaining a court order of protection (otherwise known as a restraining order). Protection orders are typically used in domestic disputes and family law matters to protect a party who is in imminent fear of or has been a victim of domestic violence. An order of protection requires that the perpetrator stay away and refrain from any sort of contact with the victim, including the victim’s family. If the perpetrator violates the order of protection, the perpetrator will be found in contempt of court, likely resulting in his or her arrest, completing community service or paying a fine. Unfortunately, it is very common for these restraining orders to begin the family law process, especially as it relates to child custody, or to occur during ongoing litigation. You should always take the steps necessary to protect yourself and those of your family, but you should also consider speaking with an attorney about the next steps and life after a restraining order. If you are dealing with an issue involving domestic violence or abuse, you should consider contacting the appropriate authorities first, but please feel free to contact an attorney at Marcellino & Tyson, PLLC.

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