Unfortunately, domestic violence allegations sometimes arise in the course of a family law case. These allegations can take the form of partner on partner physical violence, the threat of violence or harassment, as well as allegations of violence or threats of violence involving minor children. Both our office and the courts take such allegations very seriously and every such allegation must be thoroughly investigated. Such allegations can have significant impacts on not only your family law case, but your employment and other rights as well.
A claim of domestic violence makes its way through the court system at lightning speed as compared to other causes of actions. If issued, a temporary injunction is served on the defendant within hours of it being submitted by the plaintiff. Hearings are held every Thursday in Buncombe County and a hearing on the ex-parte injunction is held within 15 days of being served. While the case can often be continued at that time so that the parties can attempt to resolve the case or engage in discovery, many people wish to go immediately to a hearing. These mini trials still follow formal rules of evidence and are held before one of the many judges who rotate though the domestic violence docket. Needless to say, it is vital that whether you are the plaintiff or the defendant in such a case, you will likely benefit greatly from the representation of an experienced attorney.
We work with both victims of domestic violence as well as those accused and have significant experience on both sides of the aisle. As these cases move very quickly, our focus is on getting a case fully prepared for hearing in just a few short days. When appropriate, we help you reach an agreement with the other party. When such an agreement cannot be reached, we aggressively represent your interest in a hearing.