Domestic Violence in North Carolina
Domestic Violence: Fear and Consequences
No one, especially children, should have to live in fear of the domestic violence that often erupts in the midst of divorce and other broken relationships. Under North Carolina law, the definition of “domestic violence” includes actual and attempted physical violence, as well as other acts that put another person in fear of “imminent serious bodily injury or harassment.” North Carolina law allows any “aggrieved party” (male or female) who claims to have been the victim of domestic violence to obtain a civil restraining order against a:
- current or former spouse or household member;
- person with whom the aggrieved party has a child in common;
- person of the opposite sex who lives or lived with the aggrieved party;
- parent, grandparent or child of the aggrieved party; or
- person of the opposite sex whom the aggrieved party is or was dating
A person seeking a restraining order must file a Motion and Complaint for Domestic Violence Protective Order. If a judge or magistrate finds there is a danger of domestic violence to the plaintiff or a minor child (child younger than 18), the judge may sign a temporary order that prohibits the defendant from having any contact with the plaintiff and/or child for up to ten days. As part of a temporary order, a judge may grant temporary child custody or require supervised visitation, grant the plaintiff possession of a residence and vehicle, as well as other temporary relief. The judge also may sign emergency orders if the judge believes there is a “danger of serious and immediate injury” to the plaintiff or a minor child.
Upon expiration of a temporary restraining order, the defendant is entitled to a full hearing on the allegation of domestic violence. After hearing evidence from both sides, the judge may grant or deny the plaintiff’s motion for a one-year restraining order. If the judge grants a one-year restraining order, the defendant is subject to criminal charges if he or she violates the order. Resolution of permanent custody, child support, spousal support and division and distribution of marital property must occur in a different proceeding.
If you are a victim of domestic violence, you have the right to seek protection under North Carolina’s law, and you should consider retaining an attorney who will assist you in permanent resolution of your domestic issues. If you have been accused of committing domestic violence, you should consider seeking the advice of an attorney experienced in defending against these allegations, since the long-term consequences can potentially include criminal charges, an unfavorable outcome in child custody cases, and a negative effect on your employment.
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