DOMESTIC VIOLENCE
In North Carolina, legal protection is available to victims of domestic violence from the courts in the form of a Domestic Violence Protective Order (DVPO). This legal document is also referred to as a restraining order, or a 50B protective order, relating to North Carolina’s Domestic Violence Statute. These court orders are intended to end abuse suffered from threat, harassment, stalking and other forms of violence and intimidation.
The term domestic violence refers to victimization within the family unit and personal relationships, whether defined by marriage, divorce, cohabitation, or dating. Specifically, a personal relationship would include:
- Former or current spouses
- Parents and children, including those acting in a parental capacity
- Grandparents and grandchildren,
- Persons in a romantic relationship
- Members of a common household, or formerly of a common household.
The issuance of an order of protection by a North Carolina court requires a victim’s allegations to support a protective order. The acts alleged can apply to the victim or anyone in the victim’s household, including children. The acts that are considered domestic violence are:
- Intentional or attempted physical harm
- Conduct that creates fear of imminent physical harm
- Continuous behavior that is construed as harassment or fear of being harassed and inflicts emotional distress
- Acts of rape or other sexual offense defined by North Carolina Law
Most protective orders limit the proximity to which an abuser has to a victim’s person, home, and place of employment. In the instance of domestic violence which occurs within a family structure, these protective orders can extend to children and their schools or other members of the victim's household.
In cases of emergency, a Judge may grant a victim of domestic violence an order of protection outside the presence or notice to the alleged abuser. Ex-parte orders like these are valid until both parties can be heard in court, and require an additional court appearance for the victim and abuser within a finite period of time, generally no more than 10 days from the issuance of the ex-parte order.
At that hearing, North Carolina Court’s can grant a Domestic Violence Protective Order for up to one year and can be renewed if necessary. Domestic Violence Protective Orders involving parents can include rulings for temporary custody of children and property.
Allegations of domestic violence are taken seriously and handled expeditiously by courts in North Carolina. Whether the result of ongoing and urgent danger, a single out-of-control incident, or, sadly, a fabrication, domestic violence allegations are matters of considerable gravity for all parties involved, including judges and attorneys. The ramifications of allegations of domestic violence can have long-lasting impact, for both victims and abusers. A domestic violence protective order has severe consequences. It includes the loss of the ability to see your children, removal from your home, inability to possess or purchase firearms as well as a damaged reputation and permanent criminal record. Violating a domestic violence protective order can also result in jail time. As such, this is many times a delicate issue requiring proper handling and legal guidance to ensure protection of your interests.
If you are a victim of domestic violence or if you are faced with accusations of domestic violence, you need a dedicated and experienced family lawyer to help you understand your options and long-lasting implications. Domestic violence is a serious issue that needs to be handled properly to avoid further repercussions. The family law and divorce attorneys at GHMA | LAW work closely with women and men in Western North Carolina to resolve domestic violence issues.
Patrick McCroskey and Janet Amburgey are Board Certified Specialists in Family Law and are dedicated to ensuring you understand the long-term impact that domestic violence may have. Domestic Violence is a serious matter, requiring delicate and immediate handling, if you need assistance contact us for a consultation at 828-258-3386.
If you are in an emergency situation, please call 911.
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