Domestic Violence
Domestic Violence, Civil
See Domestic Violence, Criminal
Definition
Domestic Violence in North Carolina, in a civil context, is defined as one or more of the following acts being committed upon an aggrieved party (victim) or upon a minor child residing with or in the custody of the aggrieved party:
- Attempting to cause bodily injury, or intentionally causing bodily injury; or
- Placing the aggrieved party or a member of the aggrieved party or a member of the aggrieved party’s family of household in fear of imminent serious bodily injury or continued harassment that rises to such a level as to inflict substantial emotional distress;
- Committing any act as defined as first degree rape, second degree rape, first degree sexual offense, second degree sexual offense, sexual battery, statutory rape or sexual offense of person who is 13, 14, or 15 years old.
Who is considered to be a perpetrator of the Domestic Violence?
In North Carolina, a perpetrator is defined as a person with whom the aggrieved party has or has had a personal relationship. This would include:
- A person who you are dating or who you were previously dating
- A current or former household member
- A person of the opposite sex who has lived with you or is living with you
- A person with whom you have had a child
- A person who is related other than parent and child
Domestic Violence Relief
A victim of domestic violence may seek a court order, by filing a complaint (law suit) against the perpetrator. The court may, without a full hearing, meaning one that is only attended by the victim (also called an ex parte order), order the relief set out in this section to protect the individual and the individuals child(ren). This order will remain in effect for 10 days.
After a full hearing, the court may issue a preliminary injunction for a period of one year. Such an order, upon the petition of the court, notice to the perpetrator, may be extended in yearly increments. There are several things the court can do to help provide relief in a Domestic Violence citation.
No Contact Order
The court may order a No Contact Order, that is an order that the perpetrator not to contact, threaten, or harass you in any way; including, but not limited to, not being physically located near you, no calling you, not going to your place of business, not going to location where you go to school, not going by your relatives home, and or any other location where you may be located.
Firearms
An order may be issued that all firearms be removed from the residence, vehicle, place of business of the perpetrator, as well as preventing the perpetrator from purchasing of firearms.
- award possession of the legal residence of the parties to the victim and require the perpetrator to vacate the residence.
- award possession of a vehicle to the victim
- award possession of other personal property to the victim
- award the payment of spousal support or any other support allowed by law
- order the perpetrator to enter a treatment program
- award attorney’s fees in pursuing the order
Children
The court may make an award of temporary custody, for no longer than one year, of minor children and establish temporary visitation rights.
The court must take into consideration whether the minor child was placed in a situation where there was a substantial risk of physical or emotional injury or sexual abuse.
- Whether the minor child was present during the acts of domestic violence
- Whether a weapon was used or threatened to be used during any act of domestic violence
- Whether a party caused or attempted to cause serious bodily injury to the aggrieved party of the minor child
- Whether a party placed the aggrieved party or the minor child in reasonable fear of imminent serious bodily injury
- Whether a party caused an aggrieved party to engage involuntarily in sexual relations by force, threat, or duress
- Whether there is a pattern of abuse against an aggrieved party or the minor child
- Whether a party has abused or endangered the minor child during visitation
- Whether a party has used visitation as an opportunity to abuse or harass the aggrieved party
- Whether a party has improperly concealed or detained the minor child
- Whether a party has otherwise acted in a manner that is not in the best interest of the minor child
If the court awards custody, the court shall also consider whether visitation is in the best interest of the minor child. If ordering visitation, the court shall provide for the safety and wellbeing of the minor child and the safety of the aggrieved party. The court may consider any of the following:
a. Ordering an exchange of the minor child to occur in a protected setting or in the presence of an appropriate third party.
b. Ordering visitation supervised by an appropriate third party, or at a supervised visitation center or other approved agency.
c. Ordering the non-custodial parent to attend and complete, to the satisfaction of the court, an abuser treatment program as a condition of visitation.
d. Ordering either or both parents to abstain from possession or consumption of alcohol or controlled substances during the visitation or for 24 hours preceding an exchange of the minor child.
e. Ordering the non-custodial parent to pay the costs of supervised visitation.
f. Prohibiting overnight visitation.
g. Requiring a bond from the non-custodial parent for the return and safety of the minor child.
h. Ordering an investigation or appointment of a guardian ad litem or attorney for the minor child.
i. Imposing any other condition that is deemed necessary to provide for the safety and wellbeing of the minor child and the safety of the aggrieved party.
If the court grants visitation, the order shall specify dates and times for the visitation to take place or other specific parameters or conditions that are appropriate. A person, supervised visitation center, or other agency may be approved to supervise visitation after appearing in court or filing an Affidavit accepting that responsibility and acknowledging accountability to the court.
Violation of a Domestic Violence Order
A person who knowingly violates a domestic violence protection order shall be guilty of a class A1 misdemeanor. A law enforcement officer shall arrest and take a person into custody if the officer has a reasonable belief that a person has knowingly violated a valid protective order. If a perpetrator commits a violation of a valid protective order, and is convicted, more than three times he or she shall be charged with a Class H felony.
Emergency Assistance
A person who alleges that he or she or a minor child has been the victim of domestic violence is entitled, upon request, to assistance from the local law enforcement as soon as it is practical. The law enforcement may advise and drive the victim to sources of shelter, to receive medical care, counseling or other services, including but not limited to, magistrates offices where the victim may seek a domestic violence protective order.
Domestic Violence, Criminal
In a criminal setting, the term domestic violence connotes the relationship of the parties more so than the criminal act itself. An assault on female, class A1 misdemeanor, domestic criminal trespass, and violation of a domestic violence protective order, are examples of criminal violations that relate directly to the concept of domestic violence. However, acts such has harassing phone calls, stalking, simple assault (on a male), other assaults, breaking and entering, larceny, and even murder may be as a result of interpersonal relationships and could be civil characterized as domestic violence.
In any matter of domestic violence it is important not only to seek the help from legal professionals, but to also seek the help and assistance of trained professionals who can provide counseling, shelter, protection, and other services if needed.
For more information, please download: “Domestic Violence and The Law: A practical Guide for Survivors,” an informative publication by The Young Lawyers Division, Domestic Violence Committee of the North Carolina Bar Association.
Seek Help and Relief from Domestic Violence
If you or someone you know is in an abusive relationship, there are places you can turn to for help and relief:
Related Topics
- Family Law Overview
- Alienation of Affection
- Alimony
- Annulment
- Child Custody
- Child Support
- Criminal Conversation
- Divorce
- Domestic Violence
- Domestic Violence Restraining Orders
- Equitable Distribution
- Guardianship
- Hague Convention & International Custody
- Name Change
- Nuptials
- Parenting Agreement
- Pet Custody
- Postnuptial
- Post-Separation Support
- Prenuptial
- Property Division
- Qualified Domestic Relations Order
- Retirement Account
- Separation Agreement
- Temporary Custody
- Termination of Parental Rights
Areas We Serve
The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.
