Domestic violence and visitation

Me and the Father of my child have court ordered visitations every other week he has missed 3 visits. He continuously, threatens to take my child from me saying he’s gonna get an emergency order, he says he’s gonna beat anyone that gets in his way, he says he’s gonna put a deer camera in the trees to watch me, and even drives around my neighborhood to scare me. He put a knife to my throat so i know he’s capable of causing real harm to me. i want to put a restraining order against him but im scared that it wont be in time for our next visitation or that she’s not covered and would she would have to go. i normally go with her because she’s a baby and he doesn’t know how to take care of her. Please help on any advice

A judge normally will review and rule on a domestic violence protective order in the same day that you file it assuming you don’t file for it late in the day. The sheriff’s office then makes it a priority to serve domestic violence protective orders, if granted, on the defendant as quickly as possible. Usually within a couple of days.

Your current custody order would remain in place but the judge could make certain conditions in the domestic violence protective order to help protect your baby.

Check out our detailed article, Domestic Violence and Staying Safe for more information about domestic violence protective orders and the steps to obtain one.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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