Unfortunately, we all may know someone who has been subjected to domestic violence. And as statistics show, domestic violence occurs at least once in two thirds of all marriages throughout the United States, with over 95% of those subjected to domestic violence being women and children. Domestic violence whether seen or unseen, known or unknown, has continued to surface throughout the United States, and unfortunately, as statistics would have it, many of those who are subjected to domestic violence as a child, grows up to either be victims or abusers of domestic violence. For those being abused, though you may be scared, there are ways to ensure your safety. Taking the first step is the most important of them all. Therefore, if you or a loved one has been subjected to domestic violence, contact an experienced domestic violence attorney to help you strategize about the best possible outcomes for your situation.
In North Carolina, domestic violence is considered to be any act by another, whether physically, emotionally, or sexually, against an aggrieved person or child in which there is a personal relationship and can be both criminal and civil in nature. An act is considered to be domestic violence if:
- The act intentionally causes or attempts to cause bodily harm
- The act puts the aggrieved person in fear of imminent serious bodily harm
- The act puts the aggrieved person in fear of continuous harm of being harassed that inflicts substantial emotional distress
- The acts constitutes rape or any other criminal sex offense
In North Carolina, a personal relationship must exist to be considered domestic violence. Personal relationships are considered:
- Current or former spouses
- Two people of the opposite sex who live together or used to live together
- Two people who have a child together
- Current or former household members
- Parents, children, grandparents
- Two people of the opposite sex who are currently or formerly in a dating relationship.
Based on the above criteria, if you believe that you are a victim of domestic violence, then there are safeguards that you can take both criminally and civilly to ensure you and your loved ones safety. Civilly, you may be able to receive a domestic violence protection order that can protect both you and your child. In the event this protection order is violated, you can call 911 and the aggressor will be arrested. Criminally you can file a report and have them charged with assault and battery. There are also other ways you can ensure your safety if you believe yourself to be a domestic violence victim:
- Find a safe place to go where you will not be subjected to domestic violence
- Contact a domestic violence center as there are resources dedicated to domestic violence victims
- Contact an attorney to better understand your options
Need Legal Advice?
If you or your child have been subjected to domestic abuse, then you understand the frustrations, mentally, physically, and emotionally that comes along with the abuse. Though you may be frightened there are ways and things that you can do to ensure your safety. It is important to understand and remember that programs, protection orders, and a support system, can help you overcome a domestic violence relationship and help ensure your safety. That includes us, here at The Law Office of Dustin S. McCrary, we will fight for your safety and help you figure out the best course of action for you to remain safe. If you or a loved one has been domestically abused, contact an experienced North Carolina attorney at The Law Office of Dustin S. McCrary to help you determine the best strategies for your case. Contact our office today for a consultation. Make that first step!