Domestic Violence

Domestic violence is a pattern of behavior where one person seeks to gain or maintain power and control over an intimate partner. It can manifest in various forms, including physical, sexual, emotional, economic, or psychological abuse. These behaviors aim to intimidate, manipulate, humiliate, or physically harm the victim, often instilling fear and undermining their autonomy.

Who Is Affected by Domestic Violence?

Domestic violence can affect anyone regardless of race, age, sexual orientation, economic status, immigration status, religion, or gender. It occurs in relationships where partners are married, living together, or dating, in both opposite-sex and same-sex relationships, and across all socioeconomic backgrounds and education levels.

Impact Beyond the Immediate Victim

Domestic violence affects not only the individual being abused but also family members, friends, coworkers, and others. Children who witness domestic violence may experience serious emotional and developmental issues, potentially perceiving violence as normal and increasing the risk of future victimization or perpetration.

Forms of Abuse

Abuse is not limited to physical harm and can take several forms:

Verbal Abuse: Includes name-calling, constant criticism, belittlement, and manipulation that erode self-esteem and mental health. Victims may be led to believe the abuse is their fault.
Physical Abuse: Involves the use of force to intimidate, harm, or control, resulting in visible injuries and long-term health issues.
Emotional Abuse: Creates a power imbalance to cause psychological harm through manipulation, deceit, and threats, often accompanying other forms of abuse.

Legal Protections Against Domestic Violence in North Carolina

If you are experiencing abuse, North Carolina laws offer protection through Domestic Violence Protective Orders (DVPOs), also known as restraining orders or “50Bs.” A DVPO can shield you from threatening actions and enhance your sense of security.

Eligibility and Filing for a DVPO

To file for a DVPO under Chapter 50B, you must have a “personal relationship” with the abuser, defined as:

Current or former spouses
Individuals of the opposite sex who live together or have lived together
Parents and children or grandparents and grandchildren
Individuals who share a child
Current or former household members
Individuals who are or have been in a dating relationship

If individuals do not meet these criteria, you may still file under Chapter 50C for a Civil No-Contact Order.

Conditions for Granting a DVPO

A judge can grant a DVPO if the defendant has committed acts of domestic violence, such as:

Intentionally causing or attempting to cause bodily harm
Placing the plaintiff in fear of imminent serious bodily harm
Engaging in continued harassment causing substantial emotional distress

An emergency ex parte temporary order may be issued for up to 10 days, followed by a hearing to decide on a permanent order.

Provisions and Duration of a DVPO

A DVPO can last up to one year and may include provisions such as:

Prohibiting the defendant from threatening, abusing, or harassing the plaintiff
Prohibiting the purchase of firearms
Awarding temporary custody of minor children
Ordering eviction of a party from the residence
Granting possession of the shared residence to one party
Providing possession of personal property, including pets

Violating a DVPO is a Class A1 misdemeanor in North Carolina.

Renewal of a DVPO

A DVPO can be renewed for a fixed period if the plaintiff demonstrates good cause and files a motion before the order expires. Temporary custody provisions cannot be renewed and require initiating a separate custody action.

Legal Assistance and Support for Domestic Violence Victims

Navigating the complexities of domestic violence legal proceedings can be challenging. A legal professional can provide:

Comprehensive Legal Guidance: Explaining your rights and options.
Protective Orders: Assisting in obtaining immediate protection.
Divorce and Separation: Guiding you through proceedings when domestic violence occurs within a marriage.
Child Custody and Support: Prioritizing children’s best interests in custody arrangements.
Property and Asset Division: Ensuring fair distribution of shared assets.

Defending Against False Allegations of Domestic Violence

Unfortunately, some individuals misuse domestic violence protective orders to unfairly gain leverage in highly contested or adversarial divorce cases.

If you are unjustly accused of domestic violence or have a protective order issued against you, significant consequences may affect the outcome of your divorce or family law case. These restraining orders can impact your current employment, future job opportunities, reputation, and overall standing in your case.

A domestic violence protective order may prohibit you from:

Having direct or indirect contact with the opposing party
Contacting your children
Visiting your children’s school
Possessing firearms

An alleged victim can request a 50B protective order without notifying the other party. A judge may impose a temporary order based solely on the alleged victim’s testimony. After ten days, a hearing will determine whether the order will remain in effect for one year.

If you are served with a domestic violence protective order or restraining order, it is crucial to contact one of our experienced family law attorneys to represent you. Violating such an order can lead to criminal charges and potentially result in a permanent criminal record if convicted.

Take the First Step Toward Safety

Abuse can feel overwhelming, but change is possible. If you are experiencing domestic violence, reach out for legal support to protect yourself and your loved ones. Compassionate and experienced attorneys at Wilson, Reives & Doran can guide you toward physical safety, emotional well-being, and long-term security.