Domestic Violence

Domestic violence is a deeply personal issue that many wish they could escape. It can evoke feelings of embarrassment, fear, confusion, and often becomes unmanageable over time. Even if you believe you are hiding it well, it’s likely that your children, family, and those close to you are aware of what’s happening.

 

It’s crucial to seek help—and to do so promptly—because domestic violence has severe long-term consequences for everyone involved, especially the children. Unfortunately, victims often find themselves lacking financial resources, which can make accessing help, including legal assistance, exceedingly difficult.

 

As an attorney and a survivor of domestic violence, I aim to provide free resources to empower others in breaking the cycle of abuse. I also offer reduced rates for legal proceedings related to domestic violence, which you can find on my services and fees page.

 

First, educate yourself about the different forms of domestic violence and understand how it affects you. This knowledge will prepare you to take action. Look for available resources and reach out to people who can support you, including family and friends. It’s important to find an attorney who understands domestic violence and can relate to your experiences. Once you have gathered this support, you’ll be better equipped to take the necessary steps toward recovery.

 

HOW TO FILE FOR A DOMESTIC VIOLENCE RESTRAINING ORDER

 

Complete the following forms before going to the courthouse for faster service:

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1. Instructions for completing a DVPO;

2. Complaint and Motion for a DVPO;

3. Notice of Hearing;

4. Ex Parte Order;

5. Civil Summons DV;

6. Identifying Info about Defendant;

7. Affidavit as to Minor Child (one per child);

 

Complete copies of all forms before you go to court. The domestic violence office at the courthouse will make free copies for you. If you are in Wake County, go to the 5th floor of the civil district courthouse and go to the "domestic violence" section of the clerk's office. If you cannot print these forms before going, they will provide them for you. They will also provide a notary, they will make free photocopies, and there is NO CHARGE for filing. I recommend going between the hours of 1:00pm to 2:00pm as you are likely to see the judge immediately. If you go in the morning, you will likely have to come back in the afternoon and if you go after 4:00pm, you will likely get bumped to the next day. Children are not allowed in the courtroom so bring someone to help with children or leave them with someone you can trust. These general rules apply to all county courts, not just Wake County. The clerk's office will help you a lot!

 

What Happens Once I File? When you file the paperwork the first time, you will be seen by the judge "Ex Parte" meaning without the defendant or the alleged abuser being present. The judge will decide to either grant you a temporary restraining order or not. If granted, you will be scheduled to return within ten (10) days for a full hearing. At this hearing, the defendant is entitled to be present and may or may not have an attorney, so you need to be prepared for that. Come with as many witnesses and as much evidence as you can.

 

What is Good Evidence?

• Pictures of abuse (broken items, damaged property, pictures of bruises, cuts, etc);

• Phone, text, cell phone records and logs;

• Witnesses who can testify to what they have seen firsthand;

• Anything written by the defendant that shows abuse - letters, cards, e-mails, facebook posts;

• Police reports and if you can the responding police officer's report;

• Medical records and/or receipts for bandages, crutches, medicine, etc. as a result of abuse.