Domestic Violence
What is Domestic?
- Current or former spouses
- Persons of the opposite sex who have lived or live together
- Parent and child
- Have a child in common
- Persons of the opposite sex who are in or were in a dating relationship.
Common crimes that can find there way into the Domestic Violence Courtroom...
- Assault on a Female
- Simple Assault
- Communicating Threats
- Interference with Emergency Communication
50-B Orders
A 50-B order is a civil restraining order keeping one party away from the other party and can include additional conditions set by the Judge or Magistrate. A party seeking a 50-B Order can file an action seeking an Order protecting herself and any minor children who reside in her custody.
The court, after reviewing the petition, may enter an Ex-Parte order (outside the presence of the other party) if it clearly appears that there is a danger of domestic violence. However the other party does have to be given notice and the opportunity to have a hearing within 10 days. when an Ex Parte Order is entered the Defendant has to surrender all weapons to law enforcement.
If the Order is entered, the Judge may not only order the Defendant to not contact the Petitioner, but may also address other issues including: temporary child custody, who can live in a shared residence; child support and even who can keep a family pet.
Violation of a 50-B order is a class A1 misdemeanor. This is the most serious class of misdemeanors and can mean jail for a first time offender.
General Advice
If you have been charged with an act of domestic violence in Wake County you need an attorney. If you have been notified that a party is seeking a 50-B order against you, you also need an attorney. Domestic violations are taken very seriously in court and the DA's have a "no drop" policy when it comes to these offenses. This means that is is unlikely your case will be dismissed, even if the other party has had a change of heart.
Experienced Attorney Adam Soltys will guide you through the process and protect your rights because everyone else will be protecting the other party. Attorney Soltys has successfully defended his clients at trial against several criminal charges in domestic violence court as well as successfully defending against the entrance of a 50-B Order.
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