Domestic Abuse Charges
As an established Fayetteville family law firm, our attorney, James H. Cooke, and legal team have helped many people in North Carolina during a difficult time in their lives. Some come to us because they are involved in situations of alleged domestic violence. Because important property, parental and other personal legal rights can be affected when one party accuses the other of domestic violence, it is important to have qualified legal help to protect those rights.
Whether you have been the victim of domestic violence, or accused or even arrested on suspicion of domestic violence, obtaining legal help needs to be a top priority. Call our Cumberland County office toll free at 800-631-6578 to speak with a lawyer about your rights.
Your Advocate In The North Carolina Legal System
The first step someone alleging domestic violence will take is to file a motion for a domestic violence protective order. The accuser will describe the actions in question and ask the court to make decisions on several items, including:
- Possession of the common residence
- Possession of personal property (other than the accused’s clothing, toiletries and work tools), including a personal vehicle
- Temporary custody of any children
- Whether to prohibit the accuser from coming within a certain distance of the accused (a restraining order)
The court will then decide whether to grant any temporary orders. This can be made ex parte, which means without a hearing. A later hearing may be scheduled, during which each side will have the opportunity to tell their side of the story.
Regardless of which side of a case you are on, you will have fundamental legal rights on the line. We will prepare you to tell your story to the judge presiding over the motion, and argue for an outcome that is favorable to you.