Domestic Violence 

in North Carolina

What is Domestic Violence?

Domestic violence refers to a pattern of abusive behaviors, including physical, emotional, psychological, or financial abuse, that one person in an intimate relationship uses to control and exert power over their partner. It can occur in various types of relationships, such as between spouses or partners, family members, or cohabitants. Domestic violence is a serious and pervasive issue that can have severe and long-lasting effects on the victims.

Forms of domestic violence include:

  • physical violence (such as hitting or slapping)
  • emotional or psychological abuse (such as intimidation or control tactics)
  • sexual abuse, and financial abuse.

It is important to recognize the signs of domestic violence and seek help to ensure the safety and well-being of those affected.

If you or someone you know is experiencing domestic violence, it’s crucial to reach out to local authorities, domestic violence hotlines, or support organizations for assistance and guidance.

Who Do We Represent in Domestic Violence Cases?

We represent both victims/survivors and the accused/defendant as everyone deserves represnetation in the court of law.

If our firm represents you in a family law matter, we would represent your domestic violence case and not be able to represent the defendant as that would be a conflict of interest. 

How Does Domestic Violence Intersect or Bleed Over Into Family Law?

Domestic violence intersects with family law when it becomes a factor in legal proceedings related to divorce, child custody, and spousal support. Allegations of domestic violence can significantly impact decisions regarding child custody arrangements, visitation rights, and the overall safety of family members. Courts may issue protective orders or restraining orders in family law cases involving domestic violence to ensure the well-being of victims. The legal system aims to address the complex dynamics of domestic violence within the context of family law, prioritizing the safety and best interests of those involved.

Is An Order Of Protection Or A Restraining Order Implemented When Domestic Violence Related Charges Are Filed In North Carolina?

No, the issuance of an order of protection or restraining order is not automatic in North Carolina when domestic violence-related charges are filed. While such orders are commonly sought by victims as a means of protection, their issuance depends on the circumstances of each case and the discretion of the court.

In North Carolina, a victim of domestic violence can request a Domestic Violence Protective Order (DVPO) from the court. However, the court will evaluate the evidence presented and assess the need for such an order. The order may include provisions to prohibit the alleged abuser from contacting or approaching the victim, as well as other protective measures.

It’s essential to note that domestic violence cases can be complex, and the legal process may involve hearings and assessments to determine the necessity of protective orders. The court considers factors such as the severity of the alleged abuse, the relationship between the parties involved, and the potential risk to the safety of the victim.

If you are involved in a domestic violence case in North Carolina, it is advisable to consult with a legal professional who can provide guidance based on the specific details of your situation. They can help you understand the legal options available, including seeking protective orders, and assist you throughout the legal proceedings.

I Am Accused of Domestic Violence, Do I Automatically Lose Access to My Children?

It’s possible. If an ex-parte order (or an order issued in your absence) is in place, you might be denied access to your children for a period of 10 days or more. The order of protection, if correctly filed, can encompass provisions related to children.

While you should have an opportunity to present your case during the initial hearing for child custody, obtaining a child custody order in a domestic violence case doesn’t imply permanence. Such orders are valid for up to one year and cannot be extended.

Additionally, initiating a Chapter 50 Child Custody Action takes precedence over any child custody provisions in a domestic violence order, providing a more comprehensive evaluation of the custody situation between the parties.

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