Domestic Violence Restraining Orders

Domestic violence restraining orders are obtained for the purpose of stopping a person who has had a personal relationship with a violent or threatening person from being contacted by the person that has committed a violent act or has threatened a violent act towards them.

The person who is requesting the restraining order is the Petitioner. The purpose of the 50B is to remove the offender from further contact with the petitioner, their child(ren) and/or others. This set of laws is commonly referred to as the 50B Laws.

In my opinion, domestic violence laws are some of the most necessary laws today. A person who is in legitimate fear of acts of domestic violence needs immediate relief against such acts. Often times, however, these requests for relief are used by the petitioners to obtain an advantage in a custody, alimony or property division case, or merely to have the significant other thrown out of the mutual residence for whatever reason.

This set of laws (the 50B law) provides extraordinary relief. In years past, it was much more difficult to obtain this kind of order from a court. Now it is easy to obtain, and thus subject to tremendous abuse by those who elect to do so and are willing to misrepresent facts for purposes of a means to a personal end.

Sometimes people are encouraged to obtain a domestic violence restraining order, and later decide that it was a bad idea, or maybe not necessary. This encouragement to obtain such a restraining order is often provided by law enforcement personnel, and or by persons that have no legal expertise whatsoever, nor are such persons attorneys with any real practical experience in the courtroom, or with the legal system. Thus tremendous personal relationship damage can result. If handled correctly, real progress can be made in a relationship concerning children, or a half broken relationship that may be worth saving, or at least contemplating saving.

I have practiced in this area since I began practicing law in North Carolina in March, 1995. Contact me today for advice on this subject.