Fayetteville is a great place to live and raise a family, but sometimes life throws us a curveball. Maybe you and your spouse have decided to go your separate ways.

Even in the most amicable of circumstances, we think it’s important to hire a divorce lawyer in Fayetteville as soon as possible.

Prior to moving forward, you should know how the NC divorce laws work and fully understand your legal rights and options.

In fact, we think it’s best to speak with a family law attorney before you even tell your spouse, “I want a divorce.”

A good lawyer can help make the process much easier for you and can protect your interests throughout the proceedings.

Getting separated and divorced can be complicated. It is often an emotional, stressful time.

We encourage our clients to make a plan, approach the different issues directly, and make decisions based on what’s best for you and your loved ones.

In this blog post, we will discuss some of the reasons why hiring a lawyer is so important if you’re considering separation and divorce.

How can a professional divorce lawyer help me?

If you are getting divorced, it is important to have professional legal counsel on your side. A lawyer can help you understand the divorce process and what to expect.

They can also help you negotiate a fair settlement with your spouse. At times it can become fairly contentious. What you may think is fair and reasonable might not be exactly what your spouse believes.

If you have children, a lawyer can also serve as your advocate in custody issues (if any) and address things like child custody, visitation, and child support.

Another reason why hiring a divorce lawyer in Fayetteville is so important is because they can help you keep your assets safe.

As you might imagine, the monetary aspects of divorce can have a direct effect on your financial well-being for a very long time.

Prior to getting separated, it makes sense to take a look at your assets and debts.

Before agreeing to anything, you should take the time to get a full picture of what you own and what you may owe.

Family law attorneys may refer to that, the assets and debts accrued as part of the marriage, as the Marital Estate.

Legal counsel can help you make well-thought-out decisions about your future and provide the legal advice you need.

If you are considering getting divorced, we strongly urge you to hire a divorce lawyer in Fayetteville NC as soon as possible.

They can help make the process much easier for you, protect your interests throughout the proceedings, and in the long run, may preclude poor decision-making that could be based on emotion.

The attorneys at our law firm would be happy to answer any questions you have about the process and help you understand how legal representation can get started on moving forward with your life.

Contact us today to schedule a consultation with one of our experienced Fayetteville divorce lawyers.

How are marital assets divided in North Carolina?

In North Carolina, the equitable distribution of marital assets is the law.

This means that all property and debts accumulated during the marriage that are not deemed separate property under the law are to be divided in an equitable, or fair manner.

However, what is considered “fair” is not always equal.

The categorization of assets and debts is extremely important. There can be disputes over what is marital property vs what is separate property.

That applies to debts, the money you may owe on credit cards, loans, etc., as well as things of value (assets).

Things of value that are not part of the marital estate are generally not subject to Equitable Distribution.

Equitable Distribution is different from alimony or spousal support.

Divorce lawyers in Fayetteville often refer to Equitable Distribution using the shorthand term “E.D.”

If you have questions about what is yours, what you may have a financial interest in, or how ED works in North Carolina, we think it’s a good idea to consult with an experienced attorney.

Prior to agreeing to incur further debt or pay off a bunch of bills using marital assets, it’s smart to gather information about your legal rights and options.

Contact us now to determine our availability for legal representation.

How does the Judge divide assets (and debts)?

The Court may consider many factors when determining how to divide assets, including things like:

• The ages of each spouse
• The physical and emotional health of each spouse
• Instances of waste or destruction of marital assets by either spouse

An experienced divorce lawyer will know how to navigate the equitable distribution of assets.

How does Child Custody work?

Hiring a divorce lawyer is also important because they can help protect your interests in regard to child custody and support.

In North Carolina, family law attorneys often refer to two general types of child custody: legal and physical.

Legal custody refers to which parent has the authority to make decisions about the child’s education, health care, and religious upbringing. Lawyers tend to call the “decision-making authority.”

Physical custody refers to where the child will live.

A judge will consider many factors when determining what is in the best interest of the child including:

• The age of the child
• The wishes of the child (if he or she is old enough to express a preference)
• The relationship between each parent
• How much child support will be

Sometimes parents share child custody and work together in making decisions regarding what’s best for their children and their upbringing.

Other times one parent may have legal custody and make the final decision on issues involving schooling, doctors, sports, religion, etc., while both parents may share physical custody of the child.

Each case is different.

That’s one reason it makes sense to consult with a lawyer to decide what’s best for you and your child or children.

Is NC a no fault divorce state?

In a no-fault divorce, neither party is held responsible for the breakup of the marriage.

This type of divorce can be easier than a fault-based divorce that is required in some states.

North Carolina is a no fault divorce state.

That means that you do not have to prove that your spouse did anything wrong in order to get a divorce.

Only one party (spouse) is required in the process. In filing for divorce, the parties must have lived separate and apart for at least one year.

If you have any questions about getting a divorce in North Carolina, be sure to contact an experienced Fayetteville divorce lawyer who can help protect your rights.

Hiring a lawyer may seem like an added expense that you don’t need, but it is important to remember that this is one of the most important decisions of your life.

If you are considering getting divorced, we suggest that you speak with a lawyer at a reputable law firm to learn more about your options and what is best for your situation.

How much does a divorce lawyer in Fayetteville NC cost?

Most divorce lawyers in Fayetteville NC charge hourly rates.

The total cost of your divorce will depend on how complex your case is and how much time your lawyer needs to spend on it.

Who gets the house in a divorce?

What about the kids? How does alimony work? These are all common questions that people have when they are going through a divorce.

While some couples are able to amicably split up their assets, parenting time, and child support, others need legal guidance to make sure that everything is fair.

That’s where legal services come in.

A divorce lawyer can help you navigate the often complicated world of family law.

They can help you understand your rights and responsibilities under the law, and they can represent you in court if necessary. To be sure, divorce law can be pretty complicated.

Even if you and your spouse are on good terms, it’s important to have someone on your side who understands the law and knows how to protect your interests.

If you’re considering getting a divorce, you should talk to a divorce lawyer as soon as possible. They can help you understand the process and what to expect, and they can answer any questions you have.

Don’t go through this difficult time alone – let a divorce lawyer help you every step of the way.

Hiring a good divorce attorney is something you can do for yourself during this difficult time.

They will be your advocate and guide you through the complicated legal process, making sure that your rights are protected every step of the way.

If you’re even considering getting a divorce, schedule a consultation with a divorce lawyer today.

Are there alternatives to divorce?

Of course, there are always alternatives to divorce. You could try couples therapy or counseling, but sometimes these things just don’t work out.

If you’re considering a divorce, it’s important to consult with a Fayetteville divorce lawyer to learn about your options and what to expect during the process.

Divorce can be an emotionally charged process, so it’s important to have an experienced professional on your side.

If you’re considering a divorce, don’t go through it alone. Contact a Fayetteville divorce lawyer today to learn more about your options and get started on the path to moving

What’s the difference between alimony and spousal support?

Alimony and spousal support are often used interchangeably. Alimony is paid by one spouse to the other after a divorce is finalized, while spousal support can be ordered by the court during the initial stages of the divorce process.

In North Carolina, divorce lawyers may refer to that as Post Separation Support or “PSS.” The old-fashioned term for post-separation support / spousal support is “temporary alimony.”

If you’re going through a divorce and are unsure whether you will be required to pay or receive alimony or spousal support, contact a Fayetteville divorce lawyer for more information.

How are things split up in a divorce?

This is one of the most common questions people have when they are considering getting a divorce.

The answer to this question can be very complicated because every divorce is different. However, there are some general things that may happen during a divorce.

For example, the assets and debts of the marriage will need to be divided up between the two spouses.

This can be a time-consuming part of the process, especially if there are a lot of assets or debts. A divorce lawyer will want to review your financial records and tax statements to determine the financial condition of you and your spouse.

Another thing that will need to be decided in a divorce is custody of any children involved.

The best interests of the children is one of the most important aspects of ending a marriage.

There are many other issues that may need to be decided in the divorce process, such as alimony, child support, and division of property.

Divorce lawyers work hard to make sure that all of these issues are handled correctly.

Hiring a family law attorney is so important because they can help make sure that everything is done correctly and fairly. If you are considering getting a divorce, make sure to hire a law firm with substantial experience handling cases in Cumberland County.

Divorce attorneys with courtroom experience handling child custody, domestic violence, ED, support, and visitation are positioned to fully understand the importance of separation agreements, property division, and premarital agreements in the divorce process.

If you have any questions about hiring our law firm for your family law matter in Fayetteville North Carolina or one of the surrounding communities, whether it involves child custody, marital property, or legal separation, we’d like to help.

Please feel free to contact our office to discuss possible legal representation. Family law cases are notoriously complicated.

Once an attorney client relationship is formally established, and as part of providing legal advice and legal services, we would be more than happy to answer any of your questions.

What does Equitable Distribution mean?

In North Carolina, the term “equitable” does not necessarily mean “equal.” The Courts will divide the property in a way that they feel is fair.

This can be done in a number of ways. Sometimes the family court Judge will try to split everything down the middle as best as possible. In other instances, property division may be subject to something called an “unequal distribution.”

This can be a difficult time for everyone involved. A lawyer can help you make decisions about your future and can provide the legal advice you need during this tough time.

If you are considering getting divorced, we strongly urge you to hire a divorce lawyer in Fayetteville. They can help make the process much easier for you and can protect your interests throughout the proceedings.

If you are a victim of domestic violence, one of the most important things you can do is seek protection. This may come in the

form of a Domestic Violence Protection Order (DVPO).

In this blog post, we will discuss what DVPOs are and how they can protect victims of domestic violence. We will also provide information on how to obtain a DVPO in Fayetteville, North Carolina.

What Is a Domestic Violence Protection Order?

In North Carolina, there is a type of restraining order that protects victims of domestic violence. It is formally known as a Domestic Violence Protective Order (DVPO).

It is also commonly referred to as a Domestic Violence Protection Order, a “50B Order” or “DVPO.” It is a court order, the violation of which carries serious consequences.

A protective order can help to protect victims from further abuse and harassment, and it can also help to ensure that the abuser does not have contact with the victim.

DVPOs are regularly issued in cases of domestic violence where there is a history of abuse or an imminent threat of abuse.

What are the Top Warning Signs of Domestic Violence?

There are some common warning signs of domestic violence.

However, it is important to remember that every case is unique, and these warning signs may not be present in every victim.

Some of the most common warning signs are:

• Bruises or other injuries that do not match up with a person’s explanation for how they were injured
• Wearing clothing that covers up bruises or other injuries
• Having a fear of the person who is abusing them
• Making excuses for the abuser’s behavior
• Isolation from friends and family members
• Staying with the abusive partner despite wanting to leave
• Experiencing symptoms of PTSD, depression, or anxiety
• Having suicidal thoughts or attempting suicide

How Can a DVPO Help Victims?

There are many ways that a DVPO can help victims of domestic violence. Some of the most important benefits include:

• Protection from further abuse, imminent serious bodily injury, sexual assaults, and harassment
• Prevention of contact with the abuser
• Assistance in obtaining temporary custody of children

Who can file a Domestic Violence Protective Order in North Carolina?

Any victim of domestic abuse can file a DVPO.

A victim can be any adult, or minor in the custody of or residing with an aggrieved party, who has been subjected to domestic violence and has had a personal relationship with the abuser.

This includes, but is not limited to: spouses, ex-spouses, parents and children, dating partners (including same-sex couples), siblings living together, and roommates.

Need help with a Divorce in Fayetteville?

North Carolina law allows parents to file a DVPO on behalf of minor children, whether or not there has been a legal separation or the parties are divorced.

What is the process for getting a DVPO in Cumberland County?

If you are a victim of domestic violence and would like to seek a Domestic Violence Protection Order, the process can seem daunting. However, our attorneys at Beaver Courie Law Firm in Fayetteville are here to help.

Sample Complaint and Motion for DVPO

Here is an overview of the process:

First, you will need to file a petition for a DVPO. This can be done at the Cumberland County Courthouse. We can help in the preparation and filing of the appropriate Complaint and Motion.

The Plaintiff, the person filing the Complaint, will then need to appear in court for a hearing, where the Defendant, the person accused of abuse, will also have an opportunity to be heard. Legal counsel can be helpful during the trial, calling witnesses, asking questions, and presenting evidence on behalf of their client.

A District Court Judge hears evidence of the matter and decides whether to Order a DVPO.

What Happens After a Domestic Violence Protection Order is Issued?

Once a domestic violence protective order is issued, there are a number of things that can happen:

• The abuser may be prohibited from having any form of contact with the victim, either in person or through electronic means such as texting or social media
• The abuser may be allowed to have contact with the victim(s), but be Ordered not to further abuse, threaten, or assault the victim. The Court takes into consideration what the victim requests as to the forms of “relief” sought in the Complaint
• The abuser may be ordered to leave the home, and may not return without permission from the court

What protections are available under a domestic violence protection order?

A domestic violence protective order can include any or all of the following protections:

• Prohibit contact with the victim and/or members of their family, either in person or through electronic means or through friends or family
• Order that the abuser leave the home (and not return without permission from the court)
• Grant temporary custody to one parent

What happens at a 50B Hearing?

The petitioner and the abuser will both have an opportunity to give testimony at a hearing. The judge may also allow witnesses to

testify.

Unlike criminal court, the Defendant may be called as a witness at the DVPO hearing. The Defendant may “Take the Fifth,” but invoking the 5th Amendment may be considered by the Court in determining whether to grant a DV restraining order.

In domestic violence cases, there may not be physical evidence of abuse or harassment (although this can be the case). Therefore, it is important for victims of abuse to provide as much evidence as possible to support their case.

This can include but is not limited to police reports, medical records, photographs of injuries, text messages or social media posts that show abuse or harassment, and witness testimony.

If you are a victim of domestic violence and would like more information on Domestic Violence Protection Orders, please contact our attorneys at Beaver Courie Law Firm in Fayetteville, NC.

Temporary vs. Final DVPO

There are two types of Domestic Violence Protection Orders that victims can seek: temporary (Ex Parte Order), followed by a 1-Year DVPO.

A Temporary DVPO may be issued when there is an imminent threat of abuse, or if the victim needs protection while they wait for a hearing in civil court to obtain a permanent order.

Normally that takes place within 10-days of the filing of the Complaint and Motion for the DVPO and requires proper service of the Complaint on the Defendant.

A judge may issue this Order without notifying the abuser (known as an ex parte order). Indeed, that is the very definition of Ex Parte or “on the one side only.” A temporary Order may be entered on the testimony (by oath or affidavit) by one party only.

A Final DVPO is a permanent order that can last for up to one year. The abuser has the opportunity to be heard, to tell their side of the story, and to contest the entry of a 1-Year DVPO. Both parties will have the chance to present their case in court.

If you are a victim of domestic violence, it is important to understand the difference between these two types of orders and to seek legal assistance if you would like to file for a Domestic Violence Protective Order under NC Chapter 50B.

If you are a victim of domestic violence, please contact our attorneys at Beaver Courie Law Firm in Fayetteville, NC. We can help guide you through the process and provide representation in court. You are not alone.

Violating a Domestic Violence Protective Order

If the abuser violates a Domestic Violence Protection Order, they can be arrested and charged with violating a 50B protective

order.

This is a criminal offense and can carry jail time, probation, and/or a fine. In fact, it is a Class A1 misdemeanor in North Carolina and is subject to a term of imprisonment of up to 150 days in jail.

Aggravated misdemeanors are serious criminal matters in North Carolina.

Violations of DVPO in NC

It is important to report any violation of the order to law enforcement immediately.

You may be asked to provide information about the location of the Defendant, tell the police what happened, and be prepared to come to criminal court in the event of criminal charges.

What should I do if they violate the 50B?

If there is a violation of the order, you should call 911 or your local law enforcement in Cumberland County.

You can also contact our attorneys at Beaver Courie Law Firm in Fayetteville, NC for legal advice and representation if an abuser has violated your protection order.

Prior to speaking with you about the matter, we will conduct a Conflict Check to confirm the availability of our law firm to help you.

What are the consequences of Domestic Violence to children?

It is estimated millions of children witness domestic violence each year in the United States.

The long-term effects of witnessing domestic violence can be devastating for children and can include:

• Developing behavioral problems, such as aggression or difficulty concentrating in school
• Exhibiting signs of post-traumatic stress disorder (PTSD) or depression
• Developing poor coping skills and withdrawing from relationships with peers and adults
• Poor academic performance, such as failing grades in school
• Experiencing difficulties forming healthy intimate relationships later in life

What constitutes DV?

There is no one-size-fits-all answer to this question, as domestic violence can take many different forms.

North Carolina Law – DV

Generally, however, domestic violence refers to physical or emotional abuse between family members or intimate partners.

It can include:

• Physical assault or battery
• Sexual assault, Sex Offenses, and Rape
• Emotional abuse, such as verbal threats or harassment
• Stalking/cyberstalking
• Financial abuse, such as controlling the victim’s finances
• Controlling behaviors that take away the victim’s freedom, such as keeping them from seeing friends and family members

What are the consequences of Domestic Violence to an adult victim?

Domestic violence can take a severe psychological and physical toll on adult victims. Some of the most common effects include:

• Depression, anxiety, or panic attacks
• Poor self-esteem and body image issues
• Suicidal thoughts or attempts at suicide
• Post-traumatic stress disorder (PTSD)
• Substance abuse problems, such as alcoholism or drug abuse, sometimes as a coping mechanism for dealing with the trauma of domestic violence
• Physical injuries from assaults or attacks by an abuser
• Sexual health issues, including sexually transmitted diseases (STDs) and unintended pregnancies

What if the abuser is not a spouse, boyfriend/girlfriend?

Family members who are victims of abuse may also be able to obtain protection orders in North Carolina. You do not have to live with the abuser to obtain a DVPO in North Carolina.

If you are not married to the abuser but have a child in common with them, you can file for a DVPO.

You can also file for a DVPO if you have been dating or living with the abuser.

What is Stalking?

Stalking is a pattern of repeated, unwanted contact with the victim.

It can include:

• Following or spying on the victim
• Damaging the victim’s property
• Sending unwanted emails, text messages, or letters
• Calling the victim repeatedly
• Approaching the victim in public places

Stalking can cause substantial emotional distress, fear of bodily injury, and the dread of continued unwanted advances and harassment.

Am I required to press charges?

No. You are not required to press criminal charges against the abuser.

However, if you decide to pursue criminal charges, we think it’s a good idea to work with an attorney who can help guide you through the process and explain the similarities and differences between Civil Court and Criminal Court.

The District Attorney’s Office in Cumberland County is responsible for prosecuting criminal offenses. Lawyers can help provide information and potential evidence to the Assistant District Attorneys assigned to the matter.

If you are a victim of domestic violence and would like more information on Domestic Violence Protection Orders, please contact our attorneys at Beaver Courie Law Firm in Fayetteville, NC.

Can I dismiss the charges??

Once you have filed a domestic violence report and charges are brought, the District Attorney takes over and decides whether the case should be dismissed.

Obviously, the prosecutor assigned the matter will want to hear what you say and your reasoning for asking for a dismissal of charges, if that’s what you want.

The District Attorney’s decision whether or not to dismiss is based on many factors including:

• The number of prior domestic violence arrests or convictions the defendant has
• Whether there are independent eyewitnesses to the incident
• The severity and nature of injuries inflicted on the victim
• Whether or not you have been pressured to dismiss the charges
• The likelihood of additional acts of domestic violence in the future
• Dangers to minor children residing within the household

What are some signs that I may be a victim of Domestic Violence?

There are some common warning signs of domestic violence. However, it is important to remember that every case is unique, and these warning signs may not be present in every victim.

Warning signs may include things such as:

• Bruises or other injuries that do not match up with a person’s explanation for how they were injured
• Wearing clothing that covers up bruises or other injuries
• Having a fear of the person who is abusing them
• Making excuses for the abuser’s behavior
• Isolation from friends and family members

What are some common myths about Domestic Violence?

Myth: Domestic violence is a personal problem and should be handled by the victim.

Fact: Abuse of any kind, including domestic violence, affects everyone in a community. It affects children who witness the abuse or live with an abusive parent. People who are abused feel isolated and alone, so they often do not ask for help or support. Domestic violence is not a private matter; it affects entire communities and should be addressed by everyone in that community.

Myth: Victims of domestic violence are responsible for being abused. It takes two to tango, right?

Fact: There is never any reason or excuse for abuse, ever! The victim does not cause the abuser to be abusive. The victim does not cause the abuse and is never responsible for it.

Myth: Domestic violence only happens in poor or uneducated families and communities.

Fact: Domestic violence occurs across all socioeconomic, racial, ethnic, religious, and professional groups at equal rates of occurrence. This means that doctors, lawyers, teachers, and people from all walks of life can be victims of domestic violence.

Myth: Victims always leave their abusers.

Fact: Many victims do leave their abusers, but many also stay in the relationship for a variety of reasons including fear for their safety, financial dependence on the abuser, or emotional ties to the abuser. Leaving an abuser can be a dangerous time for the victim and may require careful planning.

Myth: Victims who stay with their abusers are dishonest or weak.

Fact: This myth assumes that leaving an abusive relationship is as simple as packing up your things and walking out the door. In reality, victims of domestic violence have to consider many issues before they can leave, including safety concerns for themselves and their children. Leaving an abusive relationship is a process that requires time and preparation to ensure the victim’s safety.

Myth: Domestic violence only happens in heterosexual relationships.

Fact: Lesbian, gay, bisexual, and transsexual (LGBT) individuals also experience domestic violence at rates similar to heterosexual individuals.

Myth: Domestic violence only happens to women.

Fact: Men can also be victims of domestic violence, and the rates of domestic violence against men are increasing. In fact, one in four victims of intimate partner violence is male.

If you or someone you know is a victim of Domestic Violence, please don’t hesitate to reach out for help. There are resources available, and you do not have to face this alone.

The National Domestic Violence Hotline provides 24/hour support for victims of domestic violence:

Toll-free: 800-799-SAFE (800-799-7233)

Website: TheHotline

Will I have to come to court?

You will have to come to court.

Your abuser will be notified of the hearing, but they are not required to attend.

If properly served with a Complaint and Motion for Domestic Violence Protective Order, the Defendant’s failure to attend the hearing may result in the Court Ordering a 1-Year DVPO against the Defendant.

Will I have to testify?

You will have to testify at the hearing. The Court may also review your Complaint and Motion. The Plaintiff carries the Burden of Proof.

The judge may hear testimony and evidence from both sides, then makes a final decision on whether or not to issue a DVPO.

Will the Judge be mad at me?

No. Judges are not mad at victims who come to court and request a DVPO or other relief.

Judges understand the sensitive nature of such matters.

What happens if I do not show up in court?

If you wish to obtain a DVPO, it is important that you appear in court on the date set for your hearing.

Otherwise, your case may be dismissed and no protective order will be granted.

What is a No Contact Order – 50C?

A 50C is a civil no contact order that may be issued by the Court. It prevents your abuser from having any contact with you.

If your abuser does have contact with someone listed on the Order, they will be in violation of the Order and could face serious legal consequences, including Contempt of Court proceedings.

50C – Civil No Contact Orders – The Law

A “50C” is different from domestic violence protective orders. Under North Carolina Law it is referred to as Civil No Contact Orders. Like a Complaint and Motion for DVPO, they are filed in civil court.

How long does a domestic violence protective order last in North Carolina?

In North Carolina, domestic violence protective orders will ordinarily last for one year. However, it can be extended if necessary. If your abuser violates the Order, they may face serious legal consequences.

Do I need an attorney to get a DVPO?

No. However, hiring an attorney for your domestic violence protective order may be beneficial. An attorney can help you through the process of filing for a DVPO and ensure that all of your legal rights are protected.

The attorneys at Beaver Courie Law Firm in Fayetteville are here to help victims of domestic violence get the protection they need through Domestic Violence Protection Orders (DVPOs).

What if I need to leave the state??

If you need to leave the state in order to escape your abuser, there are several national organizations that offer help and support to domestic violence victims, such as The National Domestic Violence Hotline. You can find more information on their website: TheHotline.org

What Is A Temporary Domestic Violence Protective Order?

A temporary restraining order is issued by a judge and prohibits your abuser from doing certain things while they wait for their court date. It usually lasts until that court date so that it can be determined if a permanent restraining order is necessary.

As it pertains to DV cases, family law attorneys and criminal defense lawyers may refer to such Orders as Ex Parte.

What is Assault on a Female?

Assault on a female is a charge that can be filed against someone who commits an assault on a woman.

It’s important to note that not all assaults are considered domestic violence.

For example, if you hit your spouse in self-defense or because they attacked you first, then this may not qualify as domestic violence under the law.

However, if you are assaulted by your spouse or partner that could be considered domestic violence.

Are Harassing Phone Calls a Type of Domestic Violence??

Harassing phone calls may be a type of domestic violence. They can include texting, emailing, or calling someone repeatedly in order to annoy them or cause fear for their safety.

This includes threatening messages on social media sites like Facebook Messenger and Twitter DMs as well as private messages sent through Snapchat, Instagram Direct Messages (DMs), Discord, and WhatsApp.

Our attorneys are here to help victims get the protection they need through DVPOs. We can also help you file for a restraining order if you are not sure what to do.

If you or someone you know is a victim of domestic violence, please don’t hesitate to contact us.

Ex Parte Domestic Violence Protection Orders in Fayetteville: What You Need to Know as a Victim

A temporary restraining order lasts for a short period of time and may include provisions such as:

• Prohibiting the abuser from contacting you or coming near you
• Giving temporary custody of children to one parent and prohibiting the other parent from seeing them

Can texting be considered Domestic Violence?

Texting can be considered domestic violence if it is used to harass or threaten someone.

Can I get Domestic Violence Protective Order Against Someone I Dated?

It is possible to get a temporary Ex Parte and permanent (1-Year) restraining order against someone you used to date. The attorneys at Beaver Courie Law Firm in Fayetteville may be able to help you with this process and ensure that all of your legal rights are protected.

What is Sexual Assault?

Sexual assault is any type of unwanted sexual contact.

It can include groping, kissing, touching someone without their consent, and sex crimes such rape and sex offense(s).

What should I do if I am a victim of Domestic Violence?

If you are a victim of domestic violence, it is important to get help right away.

Call 911 if there is an immediate threat to your safety or call our office at (910) 323-4600 to speak with one of our attorneys about your options for filing charges against the abuser.

What is Abuse?

Abuse can take many forms, including physical violence like punching and kicking; substantial emotional distress such as name-calling or insults; sexual assault which involves unwanted touching of any kind (even if it’s just kissing); stalking someone through text messages, social media, or in person; and financial abuse where the abuser controls all of the money or forces the victim to hand over their paycheck.

into occupied vehicle charges in Fayetteville (and buildings, structures, aircraft, etc.) are felony criminal allegations. The law is intended to be broadly applied. It includes a wide range of “conveyances” and enclosures, devices, and equipment. The purpose of the criminal law is to protect people (occupants) of different properties “from being shot at.”

Anytime a gun is pointed at someone and fired, the NC Criminal Laws deem that a crime of violence. The potential for serious bodily harm, or death, make prison time a very real consideration – David Courie, Fayetteville Criminal Defense Attorney

What is required for a Conviction?

Defense lawyers in Fayetteville NC and attorneys who handle criminal charges in North Carolina, refer to the “essential elements” of the crime to include things like:

• The person charged (the “Defendant”)
• Wantonly and willfully discharges
• A “firearm” (barreled weapon)
• Into some “Property”
• That is “occupied”

What does “Into Property” mean?

N.C.G.S. 14-34.1(b) is written in such a way as to include different types of property and extensions of the property.

One way to think about it is buildings, properties, and structures that contain people are included under the law. That may be cars, trucks, airplanes, houses, and workspaces – David Courie, Defense Lawyer Fayetteville NC

Discharging certain barreled weapons or a firearm into occupied property include, as set forth by the General Assembly any enclosure, erection, equipment, device, aircraft, vehicle, building structure, or other conveyance.

Assault by Pointing Gun Charges

A conveyance is a vehicle that transports something or someone to and from places. In a recent case before the NC Court of Appeals, the Defendant in North Carolina v. Robert Louis Staton, challenged the “into property” element of the law. In that case, the Defendant allegedly shot a weapon towards a truck traveling on a roadway. The bullet struck a toolbox located in the back bed of the truck. It did not technically strike the exterior body panel of the truck. The bullet did not pierce the body panel. State v. Canady, 191 NC App 680, sets forth the essential element of “into property” is met if a bullet damages the exterior of a building or structure. There does not need to be documentation or evidence that a bullet penetrates the building, vehicle, or structure.

Is Specific Intent required for Shooting into Occupied Vehicle Charges?

The mens rea (evil “intent”) required for Shooting into Occupied Vehicle Charges requires the accused of criminal wrongdoing merely to shoot a firearm at an occupied building. Specific intent is not required to shoot into the occupied vehicle, structure, conveyance, or building.

Fayetteville Criminal Defense Lawyer

If the State presents evidence the Defendant discharged a firearm at a person entering an occupied building (or vehicle or structure or conveyance) with a bullet, that is enough for a felony conviction.

The reason behind the law, the purpose, is to protect people from death or other serious bodily injuries – David Courie, Cumberland County Criminal Defense Lawyer

What is the Standard of Review for Appeals?

In determining whether the State presents enough evidence for a conviction, the Court of Appeals reviews such matters de novo or anew. It does not consider a Superior Court Judge’s ruling for Abuse of Discretion. The Appellate Court may reverse the trial judge’s denial of a Motion to Dismiss if it had come to a different conclusion. Having said that, in ruling on a Motion to Dismiss for lack or insufficient evidence, the Court reviews:

• Whether there is evidence deemed “substantial” of each essential element
• Of the charge or a lesser included offense of the charge
• AND the accused (the Defendant) is the perpetrator

The Court must consider the evidence adduced and admitted at trial, in the light most favorable to the State. The State benefits from “every reasonable inference” of the evidence properly admitted.

The right to a jury trial is deemed “fundamental” to a fair trial and true justice. In fact, the right to a jury trial in the United States is specifically referenced in the Declaration of Independence. Complaints against the crown (the king) were numerous. One of the “repeated injuries” by King George III involved the consistent deprivation of the benefit of a jury trial. We declared our independence from Great Britain because of things like unfair criminal trials without juries, illegal searches and seizures, corrupt enforcement of the laws, and the lack of protections requiring probable cause and reasonable suspicion. The right to a trial by jury for criminal charges is recognized in the Constitution of the United States. The North Carolina Constitution also guarantees the right to a Trial by Jury in criminal prosecutions in Superior Court. The US Constitution mandates that in criminal prosecutions, the defendant facing accusations of criminal wrongdoing has the right to a jury trial in the district or state where the criminal offense allegedly occurred.

The North Carolina constitution protects fundamental rights, setting forth that the accused may not be convicted of a criminal offense without the assurance of an impartial jury – David Courie, Criminal Defense Lawyer Fayetteville NC

Can I be forced to waive my right to a trial by jury?

No judge, prosecutor, or even criminal defense lawyer can force you to waive your right to a trial by jury. It is your decision whether to waive your right to a jury. It’s also ultimately the defendant’s decision to enter a plea of guilty or not guilty.

Assault Charges Lawyers in Fayetteville NC

In the past, people facing accusations of criminal charges in North Carolina (felony or misdemeanor) could not waive the right to a jury trial. That was true even if the defendant preferred what is commonly referred to by defense lawyers as a bench trial. It’s important to understand that in District Court proceedings in North Carolina, a District Court judge rules on issues of law and also serves the role of Finder of Fact. Because of the constitutionally protected right to trial by jury, the accused may appeal from District Court to Superior Court. As long as the person facing criminal charges enters a plea of not guilty in Superior Court, a jury trial has traditionally been required. That changed with the passage of a constitutional amendment to the North Carolina Constitution in 2014 authorizing the defendant to waive their right to a jury trial. That may be done in all Superior Court criminal matters except those deemed capital offenses. A capital offense in North Carolina is one subject to the death penalty. As such, as to capital offenses in North Carolina, the accused still cannot waive the right to a jury trial.

Sample Waiver of Jury Trial Form

The NC Criminal Laws set forth protocols and procedures to waive your right to a jury trial if you so desire. Defendants who are facing criminal charges in Superior Court, if choosing to waive their right to a jury trial, may do so after being apprised of their legal rights. They must fully understand what they are doing. It must be a voluntary decision and cannot be compelled. Ordinarily, that takes place in open court and on the record. Per the statute, that may also be done in writing. Prior to proceeding without a jury, the Superior Court trial judge must make a formal inquiry into the matter and specifically review and rule on whether the defendant’s alleged decision to waive a jury trial is done so on a voluntary basis after he or she has been fully apprised of their legal rights and options. Therefore, the Superior Court judge must personally address the defendant and confirm she or he fully appreciates what they are doing and understands the possible consequences of a decision to waive a jury trial. The judge must also determine whether or not the prosecutor, the person representing the State of North Carolina (most often an Assistant District Attorney), consents or objects to the proposed waiver of a trial by jury. In the event the State objects to waiving a jury trial, the Court must make an inquiry as to the reasoning of the State. Determining a proper waiver takes time and is necessarily a detailed, thorough process. Determining whether or not someone wishes to waive their right to a jury trial must be clearly set forth on the record or written down, and cannot be implied. If there is any question or uncertainty as to the Defendant’s decision to waive the right to a jury trial, the Court must proceed forward with a jury trial.

Should I waive my right to a trial by jury?

Waiver of any legal right, specifically those involved with the defense of criminal charges in North Carolina, demands careful review of the fact pattern of the case and any pertinent law to the criminal allegations. Juries of 12 and the jury system itself can be complicated at times. There may be instances when the accused chooses to waive a jury trial due to the individual fact pattern of the case or specific legal issues at hand. It merits careful consideration of the law and facts.

Drug Charges in Cumberland County NC

Jury verdicts can be difficult to predict and sometimes juries are inconsistent in their verdicts. Furthermore, as is the case with any human, juries may be subject to insert prejudices, emotions, and are subject to both explicit and implicit bias. It’s very important to proceed with great caution, taking the time to confirm the defendant facing criminal allegations entirely and fully understands the legal rights and consequences of waiving such legal rights. That remains true irrespective of whether the criminal charges involve a serious felony or a misdemeanor or even DUI charges in Fayetteville NC and elsewhere throughout North Carolina.

What happens if there is an error in court?

Certain mistakes or errors by the court are those which take place during the trial may in some instances be corrected. The United States Supreme Court has established that a structural error is a type of defect that adversely affects the framework of a trial and specifically delineates that from an error in the trial process alone. A structural error during a trial is a problem that affects the entire trial process from the very beginning to the very end. The United States Supreme Court has previously recognized 6 examples of structural error in criminal trials, those being:

• A violation of the right for the accused to represent themselves at trial
• An incorrect or erroneous instruction to the jury regarding reasonable doubt
• A violation of the right to the 6th Amendment Public Trial guarantee
• The unlawful exclusion of grand jurors due to their race
• A judge who proceeds without impartiality
• Precluding entirely the accused’s right to legal counsel

The North Carolina Court of Appeals in Alexander v Alexander ruled on March 16, 2021 the NC Grandparent visitation law violated a mother’s constitutional rights. In the published decision by Judge Dillon, the Court analyzes issues including:

• The North Carolina Grandparents Rights – Visitation Statutes
• NCGS 50-13.2(b1) and NCGS 50-13.5(j)
• Grandparents’ Motion to Intervene
• Gransparents’ Request for Visitation
• Parental Presumption of Best Interests
• Adverse Interference with Parent-Child Relationship

NC Statutory Authority – Grandparent Visitation

The matter came before the Court on the issue of whether a Family Court Judge may Order visitation with grandparents upon the death of the child’s biological father. Under the pending case law, the NCCOA has said visitation may take place when there is an on-going custody action between the parents.

In Alexander v. Alexander the mother appealed, arguing the NC grandparent visitation statutes are unconstitutional as they impermissibly interfere with the parent’s fundamental Due Process rights.

Those fundamental Due Process rights include the exclusive custody, care, and control of children by a parent.

It is important to note the NC grandparent rights (visitation statute) is not on its face unconstitutional. Both the NC Supreme Court and the US Supreme Court have in the past held grandparent visitation orders involving grandparent and grandchild may not violate Due Process subject to certain limitations.

As such, there can be instances when a trial court may award visitation rights to grandparents.

One example would be if a parent is found to be “unfit.” Another instance is when parents waive Constitutional Rights to the custody of the child.

Obviously, there are not always good relationships in visitation cases. In visitation disputes in North Carolina, the interests of the child are deemed the “polar star.” State laws mandate the family court judge, the judge ruling on visitation, consider whether the relationship with grandchildren is in their “best interests.”

Even if a supporting grandparent, one concerned with the financial and emotional well-being of the child, the Court must also consider the Due Process rights of the parent in making a ruling on visitation.

The Court is required to give sufficient deference to the parent’s decision as to whether the child should visit grandparents. Extensive visitation with grandparents may, as a matter of law, serve to inappropriately and illegally interfere with the parent-child relationship.

Best Interests of Children

Parents who are “fit” enjoy a legal presumption. It is presumed they act in the best interests of their children.

That presumption cannot be overlooked simply because the Family Court Judge personally believes a different decision would be better. As such, the Court is required to presume a parent’s determination of whether grandparents should have visitation rights is correct.

What does Unfit Parent mean?

Overturning such a presumption necessarily would require substantial evidence that the child has a significant bond with the grandparents and the biological parent denies all contact between the child and grandparents. That likely would be a significant burden to overcome.

Interference with Parent-Child Relationship

Visitation awards upon a petition for grandparents’ visitation rights cannot adversely interfere with the relationship between parent and child.

Custodial parents have the legal right to determine with whom their children spend time, including major holidays. Parents should not be prevented or deprived of the right to spend holidays with children.

While grandparent visitation may be legally appropriate in certain circumstances, it cannot be too extensive or overly intrusive. Again, the custodial parent has the right to determine how much time the child or children spends a large majority of weekends.

Put simply, it is deemed a paramount right of parents to decide with whom their children may or may not associate.

Do Grandparents’ Visitation Rights Exist in North Carolina?

Consistent with Alexander v. Alexander, there may be instances when a Family Court Judge may grant visitation with a grandparent. There are also instances when legal custody of a child may be with grandparents.

NC General Statute 50-13.1 addresses when and how the Court may grant visitation or custody to a grandparent. Those instances include when a parent has waived his or her Constitutional Rights to the child.

The Court may also do so when and if the parent is deemed “unfit,” due to neglect or acting contrary to the best interests and welfare of the child. The Court may consider whether Due Process rights to exclusive control, care, and custody of a child are applicable.

In any such legal determination, the Court must further conclude visitation with grandparents is in the best interests of the minor child or children.

Furthermore, under NCGS Chapter 50-13.2(b1) and NCGS 50-13.5(j) the Family Court Judge may Order visitation rights to grandparents when an on-going custody dispute exists between the parents and:

• Grandparents are able to overcome the presumption that a parent’s decision regarding visitation is in the best interests of the minor child; and,
• The Court concludes as a matter of law that visitation with grandparents is in fact in the best interests of the child; and,
• Grandparent visitation does not interfere adversely with the parent-child relationship

Fayetteville Family Law Attorneys

If you have a question regarding your rights as a parent in North Carolina, we’d like to help. The NC Family Laws in Chapter 50 can be somewhat complicated at times.

That is particularly true in legal issues involving visitation and “grandparents’ rights” to visitation as family law attorneys may call them.

Our law office in Fayetteville helps people with divorce, child custody, and complex family law legal issues.

removal of a child from an unfit parent and allegations of Neglect, Dependency, and/or Abuse.

Removal of a child or children from an “unfit parent” requires formal findings regarding a concurrent long term permanency placement.

§ 7B-906.2(b) requires, by statute, the District Court Judge in Cumberland County (and throughout all of NC) include, as part of a Permanency Plan, possible reunification of the child and parent.

N.C.G.S. § 7B-906.1(e)(1) also requires the Trial Court to make findings as to whether it is indeed possible for the child or children removed from custody to be placed within six (6) months with the parent.

As is the case in all legal matters involving family court and DSS Abuse Neglect Dependency issues, the “polar star” requires focusing on the Best Interests of the children at issue.

Best Interest considerations include things like:

• Safety of Children
• Continuity
• Permanence

When may a Court remove a Child?

When deemed appropriate, removal of a child from a parent is subject to the Juvenile Code in Chapter 7B, Article I and Abuse, Neglect, and Dependency proceedings.

Such matters are handled in District Court in North Carolina.

Fayetteville Family Law Attorney

Child Custody issues, including support, visitation, and abuse neglect issues, are decided by a District Court Judge and not a jury.

The “Trial Court,” the District Court Judge, is charged with the responsibility to prevent “unnecessary” and/or “inappropriate” separation of child and parent.

DSS proceedings, those involving Child Protective Services and allegations of child abuse, are at times part of legal separation and divorce – Cristina Segui Quantock, Divorce Attorney Fayetteville NC

In the event the Court deems it in the Best Interests of the child or children to remove them from an unfit parent, there are Standards for Removal.

Removal requires a type of Review Hearing that is formally designated a Permanency Planning Hearing.

The Permanency Planning Hearing must be set within one year of the date upon entry of the Order. See N.C.G.S. §7B-906.1(a).

What is a Concurrent Plan?

When considering the removal of a child from a parent, the Trial Court is required under the law to establish what divorce lawyers and family law attorneys in Fayetteville may refer to as a Concurrent Plan.

Sometimes lawyers may call that a “dual-track.”

The Court hopes for the best while making plans for the worst – Cristina Segui Quantock, Divorce Lawyer Fayetteville NC

As such, the Judge must set forth goals.

That is ordinarily broken down into a primary plan and a secondary plan, where unification with the parent is an established goal set forth by the Court.

Divorce Tips – Three Things You Should Know

Again, the primary and secondary plans must be considered in the Best Interests of the juvenile child or children.

Under the laws set forth in Chapter 7B of the General Statutes, there are six recognized “statutory plans.”

They include but are not limited to things such as:

• Guardianship of the Child(ren)
• Reinstatement of Parental Rights
• Reunification with Parent or Parents
• Adoption

How does the Judge Decide Custody?

During the Permanency Planning Hearing, the District Court Judge must adopt concurrent plans towards permanency.

The Court is required to make Findings regarding both the primary and secondary plan.

Can I get a Restraining Order on Behalf of My Children?

The reunification of child and parent is required to be either part of a primary or secondary plan, answering:

• Would reunification with a parent be inconsistent with the health and/or safety of the juvenile(s) OR
• Would efforts to reunify the child with the parent clearly be unsuccessful?

Consistent with the findings and concurrent plans, the Court must Order the DSS Department of Social Services in the county to make efforts to finalize the permanent plans.

The Court may specifically set forth what efforts are reasonable in effectuating the primary and secondary plans such that permanence may be achieved for the benefit of the juvenile.

What does the NC Court of Appeals say?

The Court of Appeals recently issued an unpublished opinion regarding the removal of a juvenile from an unfit parent.

The case is referred to, protecting the identity of the child, as In Re N.A.

Writing for the NCCOA Judge J. Hampton, the Court provides guidance on the issue setting forth:

Reunification must be part of an intial permanent plan – 2021-NCCOA-2

In the event the Court has not previously set reunification as a primary or secondary plan, it thereafter must do so as part of the Permanency Plan Hearing.

How does Child Custody work in NC?

Consistent with §7B-906.1(e)(1), the Trial Court must make findings regarding whether it is proper to provide custody, control, or care to the juvenile child.

Fayetteville Criminal Defense Lawyer – Beaver Courie Law Firm

Family law matters, especially those involving custody of a child or children, can be complicated.

We strongly recommend anyone dealing with Abuse, Neglect, and Dependency issues involving a divorce immediately seek out legal advice from an attorney. – David Courie, Fayetteville Attorney

Call now to schedule a consultation. Consultation fees apply for family law matters.