October is Domestic Violence Awareness Month. The issue of domestic violence often comes up in our family law practice, with both female and male clients. Too frequently a person can suffer emotional or mental abuse from a partner, but then explain domestic violence away by saying that his or her abuser never hit them. The North Carolina Coalition Against Domestic Violence defines domestic violence as a:
“pattern of coercive behavior in which one person attempts to control another through threats or actual use of tactics, which may include any or all of the following: physical, sexual, verbal and psychological abuse.”
This abuse may occur during the relationship or after it ends.
Chapter 50B of the North Carolina General Statutes establishes the procedures of obtaining a domestic violence protective order. According to the statutes, domestic violence occurs when a perpetrator causes bodily harm, attempts to cause bodily harm, places a victim or member of the victim’s family in fear of serious bodily injury or harassment resulting in significant emotional distress, or commits certain stalking or sexual offenses. There also has to be a “personal relationship” between the abuser and the injured or affected party. For instance, the two parties have a dating relationship, have lived together, have a child in common, or have a parent-child relationship. There are also other situations in which someone can seek out a protective order. The order has consequences and risks for an alleged abuser, including but not limited to potential eviction from a joint residence, employment, firearm ownership, and child custody determinations. If you have been served with a protective order or notice of a hearing, you should likely see an attorney for legal advice about your specific case.
To obtain a Chapter 50B domestic violence protective order, the victim must file a civil action and request it. There is an option to file for ex parte relief, which means requesting an emergency order until the abuser is served, given notice, and a hearing date is set. If you or someone you know needs assistance, there are resources available. Individuals who believe they are in danger of domestic violence can contact the Shelter of Gaston County. The 24-hour Domestic Violence Crisis Line is (704) 852-6000. Also the North Carolina Coalition Against Domestic Violence website provides information on resources, a 1-800 hotline, and a safety plan to leave a domestic violence situation.
Domestic violence affects women, men, children, and extended families. It is also an important factor if you are filing for child custody or divorce, whether you are a victim or an alleged abuser. If you are in a crisis or domestic violence emergency, you should first contact the police or the crisis hotline for immediate assistance. You can next seek out the assistance of an attorney to provide additional legal advice to protect yourself and your children.