Domestic Violence & Divorce
Serving the Raleigh, Wake County and the Triangle
The firm has successfully defended against claims of domestic violence and secured restraining orders for victims of domestic violence. If you have been served with a domestic violence protective order (“DVPO”), you should not contact the complaining party or violate the order and contact an attorney. A violation of a DVPO, including an ex parte DVPO, has serious criminal consequences. A person who violates a DVPO may be charged with a Class A1 misdemeanor for knowingly violating the DVPO and the police must arrest a person who they have probable cause to believe has violated such an order.
If you are a victim of domestic violence, the judicial system provides avenues for relief. You may file a complaint seeking an ex parte DVPO, which is granted on an emergency basis and lasts for 10 days, and a longer-term DVPO, which typically lasts for one year. To receive a DVPO, a party must show she has a personal relationship with the abuser and that an act of domestic violence has occurred. Both of these requirements are defined below. We recommend you get counseling from a Raleigh Domestic Violence Lawyer.
Under Chapter 50B of the North Carolina General Statutes, domestic violence is defined as one or more of the following acts committed upon you or your children:
- Attempting to or causing bodily injury; or
- Placing you or a member of your family in fear of imminent serious bodily injury (which is a subjective test rather than an objective reasonableness test); or
- Placing you or a member of your family in fear of continued harassment which inflicts substantial emotional distress (which includes harassment occurring through written communications, telephone calls, emails, voice mail messages, and other computerized or electronic transmissions); or
- Committing rape or other sex offenses, as defined in N.C. Gen. Stat. § 14-27.2 through § 14-27.7.
To be granted the DVPO, the filing party must also show, in addition to the above domestic violence act(s), a “personal relationship” which means the parties are one of the following:
- Current or former spouses;
- Cohabitating persons of the opposite sex;
- Related as parent and child;
- Parents of a child in common;
- Current or former household members; or
- Persons of the opposite sex in a dating relationship.
Contact us online today or call us at (919) 838-7160 to get started.
Relentless & Aggressive
Daphne is relentless, in negotiations and trials, and while attempting to settle as much as possible, aggressive representation is sometimes necessary.
High Level of Skills
Daphne spent years working on federal and state appeals, giving her opportunities to develop strong legal writing skills, litigation skills, and negotiation skills.
Personal & DedicatedDaphne approaches each client with the personalized attention and care she would want her sibling to receive if going through a divorce; it's personal to her.
Decades of ExperienceDaphne has over two decades of experience in state and federal courts and has been negotiating and litigating divorce and family law cases for years.