October is Domestic Violence Awareness Month. In Gaston County there are local resources that can help you if you are affected by domestic violence, including The Shelter of Gaston County. The crisis phone number for The Shelter is 704-852-6000. The office number is 704-810-6492. The North Carolina Coalition Against Domestic Violence is a good online resource for a list of information, events, educational materials, and options for assistance if you or someone you care about is a victim of domestic violence. The website has more information about resources in other counties, too.
In North Carolina domestic violence protective orders are one option to seek protection from a violent, abusive, or harassing person. To obtain a protective order under Chapter 50B, you first have to show that you have a personal relationship with the person from whom you seek protection. A personal relationship is defined as being (1) current or former spouses; (2) persons of the opposite sex who live together or have lived together; (3) parent and child, grandparent and grandchild, or parental custodian and child; (4) having a child in common; or (5) in a dating relationship now or previously. Next you need to show sufficient proof that you need protection from that person.
If you have a child together and you file to obtain a domestic violence protective order, you can request that the judge grant you custody of your child. N.C.G.S. 50B-3(a1) lists the factors that play into a judge’s decision to award temporary custody. Ex parte protective orders are granted immediately by a judge if you qualify. Those orders also can give you custody of your children pending a hearing on the case. However, domestic violence protective orders are not usually long term solutions to disagreements about child custody. The custody provisions of the protective order are effective for no more than one year and, if custody is awarded, are temporary custody or visitation orders by definition under the statute.
To obtain a permanent child custody order, you likely will need to file an action for child custody that is separate from your request for a domestic violence protective order. If you are married and separated, then you could also execute a Separation Agreement that addresses your child custody arrangement instead of going to court. An attorney can assist you with determining what your options are for obtaining a child custody order, whether or not you decide to obtain a domestic violence order or have one already in place.