Domestic violence is a topic that’s difficult to talk about, even more so, to live through. If you or someone you love is a victim of domestic violence, you should know first and foremost that you are not alone, even if you may feel that you are. You should also know that there are people in the community who will love you and support you, and there are resources you can utilize to break free of your situation and find a way to move forward.
You may even be considering doing so right now. If you are a victim of domestic violence, and you feel that you are ready to move forward with a divorce, you may have many questions about the law and what sort of resources and protections may be available. Let’s take a closer look together at the specific law that exists to help victims of domestic violence as they go through the divorce process and after.
What is Domestic Violence?
Domestic violence may take many forms. Certainly, it may include physical violence, but it can also include verbal abuse, emotional abuse, sexual abuse, and financial abuse. In North Carolina, the law considers domestic violence to include the following acts committed in the context of a personal relationship:
- Attempting to cause physical injury
- Intentionally causing physical injury
- Placing someone in fear of imminent bodily injury
- Causing someone to fear continued harassment that inflicts substantial emotional distress.
The one thing all forms of abuse have in common is that the abuser is trying to gain power and control over the victim.
If you find yourself in this situation, you should know that under the law, you have rights, and you should assert them. No one deserves to live in fear, or for their children to live in fear. If you are a victim of domestic violence, there are resources offered locally in North Carolina, and you can and should seek help as soon as possible. Victims of domestic abuse should also know that they can contact the domestic violence hotline at 1-800-799-7233 24 hours a day, seven days a week, anytime they need someone to talk to or guidance for their situation.
Those who love you are supposed to take care of you and not harm you – and if you find yourself in the opposite situation, you should seek protection, and take legal action. Fortunately, North Carolina has strong laws protecting victims of domestic violence.
What is a DVPO?
Often, one of the first things that victims of domestic violence seek as a form of protection is a domestic violence order. In North Carolina, a domestic violence order is often referred to as a DVPO or a 50B order, for short. Regardless of how you refer to the order, its purpose is clear – to protect victims of domestic violence and keep the abuser away from the victim.
Typically, the order will specify the distance the perpetrator must keep from the victim, and if the order is violated, the abuser can be arrested immediately. Depending upon the circumstances, the order may also include directives about interactions between the perpetrator and the children of the couple, about who may stay in the family home. It may also include a variety of other directives, depending upon the situation. A “permanent” domestic violence order lasts for one year initially, but can be renewed for up to two years at a time.
A few procedural facts that are important to know about a DVPO include:
- Anyone can file: Unlike with some other types of legal proceedings, an individual is not required to be a United States citizen in order to file for a DVPO. Any victim of domestic abuse can file, regardless of immigration or citizenship status.
- You must have a qualifying relationship: To be able to file for a DVPO you must have either a romantic relationship with the perpetrator, have a child with the perpetrator, have lived in the same house as the perpetrator, or the abuser must be your spouse or ex-spouse, parent, child, grandparent, or grandchild. If you do not have one of these relationships with the perpetrator, but you still believe you are being stalked or assaulted, you can file for a no-contact order, often called a 50C order. The significant difference between a domestic violence order and a no-contact order is that someone cannot be arrested on the spot for violating a no-contact order. Instead, the person must first be found guilty of contempt of court by a judge before a punishment will be issued.
- Evidence of abuse: To obtain a DVPO, the victim must be able to provide evidence of domestic abuse. This means that the victim must be able to show that the perpetrator intentionally caused or attempted to cause physical injury, that the perpetrator committed sexual assault, or that the perpetrator engaged in “continued harassment” of the victim by committing at least two acts that caused substantial emotional distress. Evidence may include photographs, recordings, testimony of others, or other information that will substantiate and prove the allegations.
If the thought of filing for a DVPO seems intimidating and overwhelming in light of your circumstances, that’s okay. It’s normal to feel that way, and you should know that an attorney or a local domestic violence agency can assist victims with filing for a DVPO. They can help with the process of gathering necessary evidence and completing required paperwork.
Generally, courts try to address domestic violence matters as quickly as possible, sometimes even doing so outside of normal court hours. The general process consists of paperwork, being filed, the judge holding an ex parte hearing with the victim, and then making specific findings and issuing an order. That order will then be served upon the perpetrator and will be binding upon the parties involved until and unless it is later lifted or modified.
Moving Forward With Divorce
While obtaining a DVPO is a necessary and helpful first step to ensuring that you and your children remain safe and secure, it is precisely that – only a first step. If you are a victim of domestic violence, you may be ready to move forward with the divorce process and onto a better and brighter chapter ahead. If so, we applaud your decision – but we also understand that it can be difficult to know exactly how to take the first step, and what to expect from the process.
Increasingly, many divorcing couples across the country are choosing to resolve many of their divorce-related issues almost entirely outside of a courtroom. There are a variety of methods that couples use to do this, including mediation, arbitration, collaborative law, and others, but the end goal is ultimately to reach an agreement that resolves the divorce-related issues without having to involve a judge or formally litigate those issues in court. While this is usually a very popular and effective choice, those who are victims of domestic violence should know that it may not be the right choice for their situation.
In many situations involving domestic violence, there is a power imbalance in the relationship that may prevent the victim of domestic violence from feeling that they can truly express their feelings honestly and negotiate effectively. Moreover, the abusive spouse may also struggle with mental health issues or addictions that make communication and cooperation difficult.
As a result, many who find themselves in a situation involving domestic violence ultimately decide to have a judge decide the issues in the case. This places much-needed distance between the parties and allows them to negotiate almost entirely through their lawyers rather than with one another. Obviously, choosing this route means that the couple won’t ultimately have the final say over the issues between them, but sometimes this is simply preferable, given the dynamics of a relationship involving domestic abuse.
After a judge hears the evidence in the case and reviews the arguments of the parties on various issues, they will render a decision and enter an order that addresses all of the issues between the parties. That decision is ultimately binding and must be followed by the parties unless it is later modified by the court.
Understandably, all of this information may seem overwhelming at a time when you already feel overwhelmed. That’s OK. Please remember that you are not alone and that help is available. At the law office of Dustin McCrary, we are here for you.
The Law Office Of Dustin McCrary – Here For You
Domestic violence is something no one ever wants to experience – but it’s a difficult reality of life for many people. At The Law Office of Dustin McCrary, we want victims of domestic violence to know that they are never alone. It takes great courage to come forward, speak out, move out, and move on. We don’t take that courage for granted. When you call us, you can trust that you’ve reached a legal team that genuinely cares for you, your difficult situation, and your future. We’ll help you move forward toward a brighter chapter ahead. You deserve nothing less. If you’re ready to take that first step, call us today or fill out our contact form. We look forward to helping you soon.