Domestic Violence In North Carolina
Domestic violence in North Carolina is a serious issue that involves the abuse or threat of abuse within an intimate or family relationship. The state has laws and resources in place to protect victims of domestic violence and hold perpetrators accountable. Here’s an overview of domestic violence laws and resources in North Carolina:
- Domestic Violence Protective Orders: Victims of domestic violence can seek protection through Domestic Violence Protective Orders (DVPOs). These orders are issued by the court and can include various provisions, such as prohibiting the abuser from contacting the victim, requiring the abuser to stay away from the victim’s home, and granting temporary custody of children to the victim.
- Definitions of Domestic Violence: North Carolina defines domestic violence as physical harm, attempted physical harm, or the placing of another person in fear of imminent serious bodily injury or continued harassment that rises to the level of inflicting substantial emotional distress. Domestic violence can occur within various types of relationships, including married couples, former spouses, current or former dating partners, and family members.
- Criminal Charges: Domestic violence incidents can result in criminal charges against the perpetrator. Common charges may include assault, battery, stalking, harassment, and violations of protective orders. Penalties for these offenses can vary depending on the severity and circumstances of the incident.
- Emergency Protective Orders: Law enforcement officers can request emergency protective orders (EPOs) on behalf of victims of domestic violence when necessary. These orders provide immediate protection and typically last for a short duration, such as 72 hours.
- Victim Services: North Carolina offers various services for domestic violence victims, including shelters, counseling, and support groups. The North Carolina Coalition Against Domestic Violence provides resources and assistance to victims and advocates for domestic violence prevention.
- Mandatory Arrest Law: North Carolina has a mandatory arrest law, which means that in certain situations, law enforcement officers must arrest an individual suspected of committing domestic violence when there is probable cause to believe an offense has occurred.
- Firearms Surrender: In cases where a domestic violence protective order is issued, the court may require the alleged abuser to surrender firearms and ammunition while the order is in effect.
- Reporting Domestic Violence: If you are a victim of domestic violence or know someone who is, it is essential to report the abuse to law enforcement or seek help from a domestic violence service provider. You can also call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for assistance and resources.
Types of Domestic Violence Protective Orders
- Ex Parte DVPO: This is a temporary order that can be issued without a hearing when the court believes there is an immediate danger to the victim. It can last for up to 10 days.
- Temporary DVPO: Issued after a hearing, this order provides protection until a full hearing can be held to determine whether a longer-term order is warranted.
- Final DVPO: Issued after a full hearing, this order can remain in effect for up to one year but may be extended if necessary.
It’s important to understand that domestic violence is a crime, and victims have legal rights and protections under North Carolina law. If you are a victim of domestic violence, consider seeking assistance from law enforcement, a domestic violence agency, or an attorney who specializes in domestic violence cases. Legal professionals can help you navigate the legal system and obtain the protection you need.
Our experienced attorneys are just a call away. Contact the Law Offices of Austin Vandeveer today to discuss your unique situation.