domestic violence ATTORNEY

If you are in immediate danger, do not hesitate to call 911.

The Shelter of Gaston County 24-hour Crisis Line is 704-852-6000.

Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self defense: (1) Attempting to cause bodily injury, or intentionally causing bodily injury; or (2) Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment, defined as “knowing conduct, including written or printed communication or transmission, telephone, cellular, or other wireless telephonic communication, facsimile transmission, pager messages or transmissions, answering machine or voice mail messages or transmissions, and electronic mail messages or other computerized or electronic transmissions directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose”, that rises to such a level as to inflict substantial emotional distress; or (3) Committing any act of rape or sex offense.

A person with whom the aggrieved party has or has had a personal relationship means they (1) are current or former spouses; (2) are persons of opposite sex who live together or have lived together; (3) are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren but does not include a child or grandchild under the age of 16; (4) have a child in common; (5) are current or former household members; and/or (6) are persons of the opposite sex who are in a dating relationship or have been in a dating relationship wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship (a casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship).

If you are being abused or are in fear of abuse, Attorney Malcolm B. McSpadden can help you get a Domestic Violence Protective Order (also known as a 50 B order).

Our domestic violence attorney can also advise you how to protect yourself and your children and how to collect and save evidence of domestic abuse and threats against you or your children.

On the other hand, if you have been falsely accused of domestic violence, you have the right to defend a civil action brought against you. The entry of a permanent order of domestic violence can not only affect other issues related to the end of a marriage or relationship, it can cause serious problems for the party against whom the order is entered.

Call 704-868-2292 or click here to schedule a consultation regarding your family law matter.