If you are a victim of domestic violence, you are not alone. Mast Law Firm can help. It is estimated that 4 million women in the United States are victims of each year. Although women make up the vast majority of the victims, men and children are also its victims.
Violence cases receive special attention in North Carolina courts and are handled differently from other assault related cases because the crime was committed in the context of a prior or existing domestic relationship.
A case involving misdemeanors – an assault on a female, simple assault, communicating threats, injury to personal property, stalking, and so forth can usually be handled fairly simply. A family violence case involving felonies is treated much the same as any other felony case procedurally, but may include additional elements, including no contact orders.
A domestic related charge is extremely serious, as they usually cannot be expunged from a North Carolina criminal background check. A conviction can prevent you from owning a gun and can cause issues in divorce and custody proceedings.
No Contact Orders
Often, once someone is charged with a violence charge, a no contact order is put in place, preventing contact between the parties. Your Mast Firm lawyer can usually get this order lifted if all parties agree.
There are specific laws in North Carolina that provide speedy and effective protection to victims. 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 this crime. For more detailed information, please read the North Carolina Bar Association’s 35-page publication Domestic Violence and the Law. This book is also available in Spanish.
Domestic Violence Act
In 1979, the North Carolina General Assembly enacted the Domestic Violence Act, Chapter 50B, to deal with the growing problem of of this crime. This statute protects a wide spectrum of possible victims:
- present or former spouses;
- present or former household members;
- persons of the opposite sex who are dating each other or had dated each other;
- a person who is living with a person of the opposite sex as if married;
- children and their parents or grandparents; and
- 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 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 this crime.
Protective Court Orders
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 from 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.
Ex Parte Orders
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 the crime. Your abuser will also have the opportunity to testify in his or her own defense. Witnesses may be called to testify as well. If the court is convinced that acts of 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.
Orders Must Be Renewed Annually
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. Visit our legal services page for more information about the services we offer.