Being a spouse or partner in an abusive relationship is a very difficult situation for you and your children. Not knowing where to turn or what rights you have to protect yourself and your family can be painful as you try to do the best you can. The state of North Carolina provides protection for people in this situation through the courts – Domestic Violence Protective Orders, which are also called a “50B,” or Restraining Order.
A Restraining Order, is signed by a judge and orders your abuser to stop the abuse or face serious legal consequences. It offers legal protection from domestic violence to both female, male victims and minor children.
Benefits of a Restraining Order:
If you are in an abusive relationship, there are important benefits to getting a Restraining Order.
- A Restraining Order can protect you and your loved ones in the following ways:
- Orders the abuser to stay away from and to not assault, threaten or harass you and your minor children;
- Living Arrangements:
- Allows you to maintain possession of your residence or home and order the abuser to move out and not return, no matter who owns the home or is on the lease; or
- Orders the abuser to provide suitable alternative housing for you and your children; and
- Allows the police to remove the abuser from the home so you can return;
- Custody:
- Gives you temporary custody of your minor children,
- Orders the abuser to pay temporary child support and
- Establish temporary visitation (custody, child support, and visitation only apply if the abuser is the parent of the child);
- Orders your abusive spouse to pay temporary spousal support;
- Immediate arrest of abuser for any violation;
- Recovery of attorney’s fees.