Stop The Domestic Violence

Domestic violence is not a topic that is easy to discuss.  But the statistics on its prevalence are staggering and show the need to face this serious issue.

  • On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million people.
  • 1 in 4 women and 1 in 9 men experience severe intimate physical violence, intimate partner contact sexual violence, and/or intimate partner stalking.
    • In NC, the numbers are even higher; 1 in 3 women and 1 in 4 men
  • Intimate partner violence accounts for 15% of all violent crime.
  • 19% of domestic violence involves a weapon.
  • Only 34% of people who are injured by intimate partners receive medical care for their injuries

(National Coalition Against Domestic Violence. “Domestic Violence National Statistics.” National Coalition Against Domestic Violence.)

North Carolina and most other states have enacted laws designed to give an abused spouse or partner simple and quick access to the Courts. These laws are designed to provide immediate protection for abused spouses.  So, what do you need to know if think you are being abused?

What is Domestic Violence:

You or your underage child, are a victim of Domestic Violence according to the law, if an abuser:

  • Injures you;
  • tries to injure you;
  • places you or a member of your household in fear of serious injury;
  • commits a sexual offense; or
  • has been stalking you.

The abusing person must be:

  • a current or former spouse;
  • persons of the opposite sex who live together or have lived together;
  • related as parents and children, grandparents and grandchildren. (A person cannot obtain a restraining order against a child or grandchild under the age of 16);
  • parties that have a child in common;
  • are current or former household members; or
  • are members of the opposite sex involved in a dating relationship (a casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship).

 

Procedure for Obtaining A Domestic Violence Protective Order.

If you are a victim of domestic violence or abuse, you can fill out and file a Complaint for Domestic Violence with the Clerk of Court in the county where you live. The complaint should tell the Court what the abusing spouse has done to you. The report should be specific as to the acts of domestic violence and the date and times when the acts took place. The complaint should also ask the Court to provide you with protection and you should be specific as to what you want the Court to do to protect you.

The types of things you can ask the Court to do when filing a complaint are:

  • You might want the abusing person ordered to stay away from you and your children, to stay away from your work or to not telephone you.
  • You may want to ask the Court to remove the abuser from your home and to provide you with the use of the family car.
  • You might ask that the abusing spouse pay your attorney fees to file this action, or
  • You can ask the Court to make the abusing spouse pay for the support of your children pending a final resolution of the domestic issues in a conventional family law action.
  • You can ask the Court to award temporary custody of your children to you and to award temporary child support to you until a permanent action can be filed and heard by the District Court.

The Court can grant all of these requests and the abuser will be subject to immediate arrest without further Court appearance for violation of any of the terms of a Restraining Order.

A judge will hear the initial complaint, usually on the same day that it is filed, in what is known as an Ex-Parte hearing. If you have been abused you will receive a Temporary Order for protection without the other person being present or involved in the initial hearing. This Order is known as an Ex-Parte Order (because it was granted without contact with the other person). This is a temporary Order and generally is only effective for a period of ten (10) days. The other party will be served with the Restraining Order by the sheriff. A full hearing will be held within ten (10) days of the granting of the Temporary Order, and the other party will then be given the opportunity to present evidence in his or her defense. If your request for protection is granted during this ten (10) day hearing, an Order for your protection will be entered and the other person will be arrested immediately without further hearing, if he or she violates the terms of the Order. The Order is valid for a period of one year and at the end of said year can be renewed, if desired, for one additional year.

Your attorney or the Clerk of Courts Office will assist you in filing the complaint and guide you in the steps that you must take to obtain protection from the Court.  This procedure is a very powerful tool to protect you against abuse.

Filing of a False Claim Against You:

Most cases that are filed are legitimate cases of domestic violence, but on rare occasions a person may file for protection in order to gain an advantage in the ongoing domestic action for divorce or custody. If you are wrongly accused of domestic violence you should seek the assistance of a qualified attorney who can help you to defend against the false claims of the other party. Sometimes the attorney can assist you in getting the Court to order that the person filing the false claim against you must pay your attorney fees in defending against the false claim.

There are many other sources of support for abused persons, such as SafeAlliance, support groups and free legal advice. Contact your attorney for assistance in getting the protection and support that you need to protect you against acts of abuse and domestic violence.

Stop the violence, contact Anna at 704-247-6834 to schedule an appointment with Greg Plumides, in our Criminal Law practice area.

CLIENT

TESTIMONIALS

Mr. Plumides is a true advocate. I would highly recommend him, if you are in need. He represented me when I was falsely accused of domestic violence by my newlywed (now ex-)wife. I felt like everyone was against me, without hope, and kicked out of my own home. That is until I found Mr. Plumides, after reading many reviews. He had great reviews and now I know why. He was able to speak with me on my first call to his office. He gathered the facts, explained what to expect and immediately provided guidance as to how to proceed. After meeting in person, I was sure I had found the right attorney. He was extremely knowledgeable of NC law off the top of his head. If I called with an immediate question, he took my call immediately or returned it within a couple hours. I didn't feel like I was going it alone anymore. His staff was highly competent and professional. However, Greg would appear in court himself every step of the way and I knew the matter was being handled personally. As a result of his efforts, my charges were dismissed and subsequently expunged from my record. Did I mention that the flat fee I paid was extremely reasonable? Thank you Mr. Plumides, you are a true credit to your profession.
~ Matt
I've used Mr. Plumides for many cases over the years from custody to criminal and I want you to know he's a very special type of attorney. He's the type that literally has fallen in love with his work, the type to call you on a Sunday morning to discuss your case when you're worried and the type to protect you like your his own blood. I'll never use anyone else in the area and I strongly advise you at the very least to sit down with him if you're on the fence with representation and you'll see exactly what I'm referring to.
~ Michael Neighbors
Greg Plumides is an exceptional attorney! Greg has handled several of our families unfortunate situations over the years. Due to Greg and his teams overall knowledge, as well as, area of expertise each case has been met with success. A reduction in the ticket and even a full dismissal of the case. If you need help, Greg and his Team you can count on! Thank you once again Greg for the expectational service!
~ Kim Katopodis
Greg Plumides was a true advocate for me when I was falsely accused. If you need a knowledgeable, accessible, and hard working attorney on your side, look no further. Did I mention the very reasonable cost? Thank you, Mr. Plumides. (Full review to come on Avvo) Richard Johnson made my separation and divorce as painless as possible. Thank you, Mr. Johnson.
~ Matt Namin
Greg Plumides is a wonderful attorney. He was able to pull together an argument and he was able to get the case against me dismissed with only two days of prep time. I was served just before Easter weekend, so I was only just able to find an attorney that could help me, right before my court date the following Thursday. I began working with Greg on Tuesday evening, and by Thursday morning, he was ready to go. He is very easy to talk to, very knowledgeable and incredibly hard-working.
~ Garrett Reed
Mr. Plumides is an A+ lawyer for an affordable price. My child's mother not being happy with our current custody agreement in Ohio filed false charges of child abuse against me to have the jurisdiction and custody order changed. Child protective services got involved and i was charged criminally for child abuse and she tried to file two protective orders against me. My life was spiraling out of control and i didn't know what to do. I found Mr. Plumides and went for the consultation and knew right then based off of his ability to handle all of my cases (which eliminated me having to hire multiple lawyers), knowledge and experience he was the one i wanted to represent me. He was honest, reassuring, and fought very hard for my best interest. And it all paid off he had both protection orders dismissed. Negotiated on my behalf with child protective services and worked out a plan that i agreed with. And the criminal charge went to trial and was also dismissed. Mr. Plumides has helped me get control of my life back and I couldn't be more pleased with his services. I would most definitely recommend Mr. Plumides to anyone looking for a great lawyer at a reasonable price.
~ Michael Young
Greg Plumides represented me in my DWI case. I was completely blown away at how patient he was regarding the strategy we took. Greg always knew what to do and when to do it. When it came time for court, he was properly prepared and we won our case when everybody was telling me there was no way I was going to win. I would recommend Greg and Plumides Law Office to anyone.
~ Stew Andrew
Mr. Plumides is very knowledgeable about the legal process he helped my family when we were going through a very difficult time in our life. I would recommend him to anyone.
~ Yvonne Young
Mr. Plumides took my son's court case and he was in trouble and I needed a lawyer not a public defender. He did his job beyond what was expected. He answered calls, called me, went to see my son in jail, let me know he needed a nurse at one time. He got his sentence reduced a to fine that could have ended up being much jail time, more than that my son talks to me different on the phone and has more respect and is off the drugs he was on before he was arrested. Mr. Plumides would not give up and kept in touch with both of us and didn't keep us wondering what was going to happen next. Thank you Mr. Plumides, I would recommend you to anyone in Mecklenburg county. Wish you practiced in more counties.
~ Amanda Young
Mr Greg Plumides is one of the most or is the most informative DUI attorneys I've ever seen or been I had 2 DUI within 3yrs and both were dismissed, Thank you again sir.
~ Andre Chappelle
I wouldn't hesitate, and probably will have to, hire Mr. Plumides again. As a client, Greg spoke to me with positivity and certainty that was unbelievable, before the deposit was paid, I felt like I'd had won my case. Very straight to the point and had my back in the court room 100%. You get what you pay for , and yes Mr. Plumides does carry a hefty wage, but he left no stone unturned, and kept throwin punches on the fly.
~ Cam Coffing
I've used Mr. Plumides for many cases over the years from custody to criminal and I want you to know he's a very special type of attorney. He’s the type that literally has fallen in love with his work, the type to call you on a Sunday morning to discuss your case when you're worried and the type to protect you like you’re his own blood. I'll never use anyone else in the area and I strongly advise you at the very least to sit down with him if you're on the fence with representation and you'll see exactly what I'm referring too.
~ Michael Neighbors
Gregory Plumides was very professional, knowledgeable and efficient! Very experienced Attorney! He helped me to settle all my Divorce matters. I highly recommend his services.
~ Wilson
Greg Plumides represented me in my DWI case. I was completely blown away at how patient he was regarding the strategy we took. Greg always knew what to do and when to do it. When it came time for court, he was properly prepared and we won our case when everybody was telling me there was no way I was going to win. I would recommend Greg Plumides to anyone.
~ Stewart
Greg was very good to me through a traumatic year of waiting for court personnel, for doing nothing more than a fender bender in a grocery parking lot. Then being accused of a DUI two hours later by aggressive law enforcement in my own home. My only mistake was allowing my cell phone to interfere with a quick response, to a minor bump. Greg was a great lawyer and so well-versed in his field. He "tells it like it is". I would definitely put my trust in him again!
~ Lin
From the moment I met with Mr. Plumides, I knew I found a good attorney - one who was HONEST and truly cared about me and my situation. I was going through a divorce and I had used two other attorneys over the period of a year and half who were dishonest, and only interested in padding their own wallets. Mr. Plumides told me like it was, the TRUTH....He was always professional and his paralegal, Kristin, was excellent as well, and kept on top of everything. They both worked together as a team! His fees were reasonable and I didn't feel like he was "padding" every bill - just the exact opposite! He was extremely fair and truly has a heart of gold. At the end of a divorce or any other situation, most people dislike their attorney - I can honestly say that I think Mr. Plumides is a wonderful person and I was truly lucky to have met him!!!!!!!
~ Susan
Mr. Plumides took my case and made me see it different which has made me different. In court and out he is caring, professional, and treated me with the utmost respect. I was facing more than I thought I could handle and somehow, he reduced that by his knowledge and wisdom and not giving up by keeping in touch with me and visiting me. He is honest and caring and always ON TIME!!! Thank you again Mr. Plumides. I would recommend you to anyone searching for someone to take their case.
~ Clinton
After being involved in an auto accident, I contacted Greg Plumides. Choosing him to represent me turned out to be a great decision on my part! He and his paralegal, Kristin, kept me updated and informed as they searched out every avenue to be considered in the case. I ended up with much more of a settlement from the other party then I ever expected. Greg and Kristin were caring and honest, and truly looked out for my best interest. I would highly recommend Greg Plumides law offices to anyone.
~ Annie
Mr. Plumides took my case and made me see it different which has made me different. In court and out he is caring, professional, and treated me with the utmost respect. I was facing more than I thought I could handle and somehow, he reduced that by his knowledge and wisdom and not giving up by keeping in touch with me and visiting me. He is honest and caring and always ON TIME!!! Thank you again Mr. Plumides. I would recommend you to anyone searching for someone to take their case.
~ Clinton

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