If you are in an abusive relationship, whether you are a man or a woman, there are ways to protect yourself. You should seek out a domestic violence attorney who can help you defend yourself against potential criminal charges by your spouse or boyfriend or girlfriend related to simple assault, assault on a woman, or other crimes related to domestic violence.
In addition, a criminal lawyer will be able to advise you on the best way to protect yourself in the future. For example, it might make sense for you to apply for a 50B. A 50B is a type of protection order against domestic violence in North Carolina. Among other things, a 50B will protect you from harassment, threats, or assault, and may require the other party to participate in anger management classes to prevent further violent acts.
In Wake County, you can file for a 50B on the 9th floor of the Wake County Courthouse. You will state, under penalty of perjury, the reasons for requesting such an order. The order takes immediate effect for approximately one week.
One week after the initial temporary order is issued, you will have a hearing where you and, if he or she appears, the other person/spouse/boyfriend/ex-boyfriend/ex-girlfriend, etc. is present.
You may want to testify about why you are asking for the order. If you yourself are facing criminal charges, you may wish not to testify, but have a family member or other witness testify on your behalf.
The other person may or may not testify as to why the order should be denied. The order can be adapted to allow for the exchange of children. In addition, the order will generally prevent the other person from visiting her home or wherever she lives, and her workplace.
Violation of a 50-B protective order is very serious and results in a Class A1 misdemeanor, which is the most serious class of misdemeanor in North Carolina.
