If you are a victim of domestic violence, you
are not alone. It is estimated that 4 million
women in the United States are victims of
domestic violence each year. Although women
make up the vast majority of the victims
in domestic violence, men and children are
also its victims.
There are specific laws in North Carolina that
provide speedy and effective protection to
victims of domestic violence. If your spouse
is uncontrollably violent and you believe that
you or your children are in danger, then you
should immediately call the police. When you
have reached a safe haven, you should then
call the domestic violence agency in your county
which will give you additional advice and directions
to a shelter if you are fearful of returning
home.
We would like to provide you with a brief overview
of the legal actions available to you if you
or your children are victims of domestic violence.
For more detailed information, please click
here to read the
North Carolina Bar Association's 35-page publication “DOMESTIC
VIOLENCE; A PRACTICAL GUIDE FOR SURVIVORS.
This book is also available in Spanish.
In 1979, the North Carolina General Assembly
enacted the Domestic Violence Act, Chapter
50B, to deal with the growing problem of domestic
violence. This statute protects a wide spectrum
of possible victims of domestic violence: 1)
present or former spouses; 2) present or former
household members; 2) persons of the opposite
sex who are dating each other or had dated
each other; 3) a person who is living with
a person of the opposite sex as if married;
4) children and their parents or grandparents;
and 5) persons acting in the role of a child’s
parent.
Under this statute any act which attempts to
cause or intentionally causes bodily injury
is domestic violence. Any act which places
a person in fear of “imminent serious
bodily injury’ by threatening the use
of force is also domestic violence. Acts constituting
first or second degree rape of first or second
degree sexual offense under our criminal code
are clearly acts of domestic violence.
To obtain a protective court order against
your abuser, you must file a complaint alleging
the specific facts of domestic violence and
your relationship to the abuser. The complaint
forms are available the Clerk of Superior Court
at any county courthouse. Based upon you complaint,
the court may issue an ex parte protective
order. Ex parte is a legal term meaning that
the court entered the order based on a hearing
in which one of the parties was not present.
The court can order that you be given possession
of your home, personal property, household
possessions or vehicles. The court may also
order that your abuser stay away from your
residence, place of employment or your children’s
schools.
By law, the court must conduct a return hearing
within 10 days after issuing an ex parte protective
order. At that hearing you will again testify
to the specific facts of domestic violence.
Your abuser will also have the opportunity
to testify in his or her own defense. Witnesses
may called to testify as well. If the court
is convinced that acts of domestic violence
took place after hearing testimony from the
parties and any other witnesses, the court
will issue a permanent protective order which
is effective for one year.
All protective orders terminate after one year.
Prior to its termination, a victim may apply
to the court for the renewal of his or her
protective order for another year’s term.
Upon obtaining a protective order, you should
send a copy of the order to your abuser and
to your local police or county sheriff’s
department. You should also keep a copy of
the protective order ready at hand if there
is any future need to call the police for protection
against your abuser.
