Domestic Violence or Abuse
Domestic violence is a problem that does not discriminate; it is statistically consistent across all socio-economic and racial lines. Victims of physical or emotional domestic abuse may seek protection under Chapter § 50-B of the North Carolina General Statutes. Chapter § 50-B of the North Carolina General Statutes allows domestic violence victims to seek an order of protection against an offender with whom the aggrieved party has or had a familial relationship (current or former spouse, persons of the opposite sex with whom you have lived, parents, grandparents, etc.).
Once immediate safety has been obtained for you and your children, you should seek the assistance of a family law attorney to obtain a Domestic Violence Protective Order to keep the abuser away from you and to obtain an order granting you temporary custody and financial support. Criminal remedies are also available.
What to Consider:
In North Carolina, Domestic Violence is defined as:
- 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, that rises to such a level as to inflict substantial emotional distress; or
- 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.
- For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16; (4) Have a child in common; (5) Are current or former household members; (6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship.
- For purposes of this subdivision, a dating relationship is one 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.