Domestic violence is a hidden epidemic, affecting nearly four million wives, children, relatives, and friends each year. Statistics reveal that an estimated 44 million women in the United States are battered annually by their partners, and 1 in 10 men will experience sexual violence, physical violence, and stalking by an intimate partner during their lifetime.
Violence occurs at least once in two-thirds of all marriages, with approximately 95% of domestic violence victims being women. Furthermore, roughly 40% of all physically abused children have witnessed interspousal physical violence. Sadly, many children who experience or witness abuse grow up to either become abusers or victims of domestic violence themselves, perpetuating a cycle of violence.
Fortunately, North Carolina has enacted special laws to provide swift and effective relief for domestic violence victims. These laws specify who can obtain a domestic violence protective order, the acts they protect, how to get them, their duration, and the penalties for violating them.
Understanding Domestic Violence
To obtain a domestic violence protective order (DVPO), an act of domestic violence must have occurred. North Carolina defines domestic violence as at least one act committed by a person against an aggrieved individual or a minor child living with that person when they have a personal relationship. Acts of domestic violence include intentionally causing or attempting to cause bodily injury, placing the aggrieved person or a family/household member in fear of imminent serious physical injury, causing the aggrieved person or a family/household member to fear continued harassment that inflicts substantial emotional distress, or committing rape or other criminal sex offenses. Self-defense acts are explicitly excluded from this definition.
If you are applying for a DVPO, you only need to demonstrate one act of domestic violence that occurred at least once.
Defining a “Personal Relationship”
In addition to proving an act of domestic violence, you must show that you and the aggressor have a personal relationship, which includes current or former spouses, two people of the opposite sex who live together or previously lived together, parents and children, or grandparents and grandchildren, two people who share a child or children, current or former household members, or two people of the opposite sex who are currently or were formerly in a dating relationship.
If you meet one of these definitions and can show at least one act of domestic violence, you qualify for a DVPO.
What Can a Domestic Violence Protective Order Do for Me?
DVPOs can provide various forms of relief beyond prohibiting contact with the aggressor. These include preventing the aggressor from approaching your home, workplace, or school, restricting contact with children in your care, preventing threats to your family or household members, and granting possession of pets, residence, or car. Additionally, the DVPO can mandate the aggressor to pay temporary child support, prohibit them from possessing firearms, and require attendance in a treatment program.
Custody of Children Through a DVPO
A DVPO can grant temporary custody of the children to a domestic violence victim, which can be crucial for safety. However, a DVPO should not be relied upon to obtain permanent custody or initiate custody proceedings. Separate complaints should be filed for child custody, child support, and alimony.
Ensure Your Safety
If you feel you are a victim of domestic violence, taking steps to protect yourself is critical. This might involve leaving your home, filing for a DVPO, consulting a lawyer, or combining these actions. First, get to a safe place, including calling law enforcement for help. Contact your local domestic violence center for resources and support. Taking your children may be necessary for their safety if you need to leave home, but be mindful of potential legal implications.
Meeting with a lawyer before leaving can ensure your rights are protected. Once safe, you can file for a DVPO and seek legal assistance.
Obtaining a Domestic Violence Protective Order
North Carolina provides a pre-printed form for the Complaint and Motion for a DVPO, available on the North Carolina Courts website and at county Clerk of Superior Court offices. Fill out the form with specific details of your situation, listing all relevant facts. File the completed form at your county’s courthouse. The procedure may vary by county, but typically, a district court judge or magistrate will review your complaint. If the judge believes you qualify, they will issue an Ex Parte Domestic Violence Order of Protection, which is temporary and issued in emergencies.
What Happens Next?
Once an Ex Parte DVPO is granted, you will receive a court date within ten days. The defendant must be served with the Complaint, Motion, and temporary order by a sheriff’s deputy, giving them notice of the order and the upcoming court date. During the court hearing, both parties present their cases. You must testify, providing specific and unmistakable evidence to support your claim. Medical reports, photographs, and other physical evidence can supplement your testimony.
The Permanent Order and Renewal
A “permanent” DVPO lasts one year and can be renewed before expiration. To renew, file a Motion to Renew DVPO, attend the court date, and present your reasons for renewal. The DVPO can be extended for up to two additional years if granted.
What to Do if There is a Violation
If the aggressor violates the DVPO, call 911 immediately. Violations, including direct or indirect contact, are serious offenses. You can also file a Motion for Order to Show Cause for Domestic Violence Protective Order, seeking to hold the aggressor in contempt of court.
Where to Turn for Help
For more information or assistance, visit the following resources:
- Address Confidentiality Program for Domestic Violence Victims in North Carolina
- Domestic Violence & Sexual Assault State-Funded Programs
- Family Violence Prevention Fund
- InterAct of Wake County
- North Carolina Coalition Against Domestic Violence (NCCADV)
- North Carolina Council for Women and Domestic Violence Commission
- New Social Security Numbers for Domestic Violence Victims
The Law Office of Dustin McCrary – Supporting You Every Step of the Way
At The Law Office of Dustin McCrary, we understand the complexities of domestic violence 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.