I have been under a restraining order for 6 months. The statue clearly says that a hearing must be heard within 10 days of the issuance. The domestic abuse statue reads that a “clear and imminent danger” must be present in order for a restraining order to be issued. There never was a clear danger because the abuse never happened and yet for 180 days I cannot get my case heard. It has been continued 9 times, none but the first with a new lawyer was under my request. I know from looking at the public records that there were at least two DV and restraining order cases brought before the court, filed and resolved with the time frame of my 6 months. My two daughters, age 11 and 13 have benefited from a participating Dad until this and now they (and me) have been restricted to one day a week each. It is as much for their sake and their personal development as it is for me that I am frustrated. How can the courts validate their “best interest of the children” when they interrupt a parent’s obligation and responsibilities? Who do I complain to to keep this thing from going to Christmas? Or beyond? (Please don’t tell me to talk to my lawyer, he has a financial incentive in continuing this case since he is charging against my retainer, which is almost gone to these ‘tactics.’ That is another issue which I am already in touch with the State Bar about). Can this cycle of continuances be interrupted by an agency in Raleigh? Can I file a lawsuit against the Court for irresponsible behavior for not adhering to the rule of law (the 10 day hearing requirement)?
If you are unhappy with your lawyer and he/she continues to push the hearing off, I suggest you find new counsel to proceed.