Domestic violence impacts an estimated four million people every year, affecting not only the victims but also children, relatives, friends, and employers. While the majority of victims are women, many men suffer as well.
Take Immediate Action if Your Spouse is Violent
If your spouse is violent, it is crucial to take immediate action to protect yourself and your children. Contact the police if necessary and seek assistance from local domestic violence relief agencies. They can provide advice and direct you to safe shelters. Ensuring your safety should be the top priority before addressing legal issues.
Leaving the House
If you fear for your safety, leaving the house may be necessary. Unless a court order says otherwise, you can take your children. However, going without consulting an attorney might affect your alimony situation, and you may only be able to return once the court divides the property. If possible, discuss your situation with a lawyer before making any decisions.
Filing Criminal Charges
If you are attacked, North Carolina law allows you to file criminal charges against your abuser. Crimes your abuser can be charged with include rape, sexual offense, assault, domestic criminal trespass, communicating threats, and stalking or harassing phone calls. Contact the police as soon as possible to ensure your safety and hold your abuser accountable.
Using the Civil Courts
The civil courts can provide relief through court orders without the typical notice requirements. These orders can help you keep possession of the house and car, grant temporary custody of your children, and ensure your spouse stays away from you and your children. Violating such an order can result in the abuser’s arrest.
Preparing a Complete Complaint
When filing a domestic violence complaint, be specific and list all the facts, not just the result of the violence. Highlight recent interactions and provide a detailed account of the abuse. The court finds complaints most compelling when the acts occurred recently or over some time and when they are described in detail.
Understanding the Domestic Violence Act
North Carolina’s Domestic Violence Act, Chapter 50B, was enacted in 1979 and has been amended over the years to protect men, women, and children. The Act defines domestic violence as attempts to cause or intentionally cause bodily injury and placing a person in fear of imminent serious bodily injury by threatening the use of force. The statute protects present and former spouses and people in a dating relationship.
Filing a Complaint
You can file a domestic violence complaint using forms available through the Clerk of Superior Court. However, if custody, child support, or alimony are issues, it is advisable to seek professional legal assistance to ensure your claims are solid.
Protective Orders
Protective orders can provide various forms of relief, such as:
- Giving you possession of the home and excluding the other party from the household
- Evicting your spouse and assisting you in returning to your home
- Requiring your spouse to provide alternate housing
- Ordering support payments for you and your children
- Granting temporary child custody
- Issuing orders to refrain from violence or harassment
Protective orders are temporary and expire after a fixed period, usually not more than a year. You can request a renewal for up to another year before the order expires. Copies of the order must be issued to each party and the local police or sheriff’s department.
What to Do if There is a Violation
If your abuser violates the protective order, call 911 immediately. Violations can include direct or indirect contact, such as phone calls, text messages, or having someone else communicate on their behalf. Violating a DVPO is a severe offense and can result in misdemeanor or felony charges.
There is Light at the End of the Tunnel
Divorcing an abusive spouse can be challenging, but it is a crucial step towards safety and healing. Thousands of people have successfully navigated this process and found the strength to leave abusive relationships. Emotional support from mental health providers can be essential during this time. Many agencies offer counseling based on income.
McCrary Pack – Supporting You Every Step of the Way
At McCrary Pack, we understand the complexities of divorcing an abusive spouse and are here to provide the support and guidance you need. If you’re facing domestic violence, you don’t have to go through it alone. Contact us today to learn how we can help you protect yourself and your loved ones.