What Constitutes Domestic Violence in North Carolina?
North Carolina General Statute § 50B-1(a) defines domestic violence as the commission or attempt to commit one or more acts of abuse or harassment upon someone with whom the defendant has any kind of personal relationship. In North Carolina, these acts include the following:
- Intentionally causing or attempting to cause bodily injury to the other party
- Placing the other party or a member of their family in fear of serious bodily injury
- Committing any criminal sex offenses as defined in G.S. 14-27.21 through G.S. 14-27.33
Legally permissible acts of self-defense cannot be considered a form of domestic violence under the law.
What is a Personal or Domestic Relationship?
When it comes to defining cases of domestic violence and the issuance of Domestic Violence Protection Orders (DVPOs), the North Carolina Legislature defines a personal or domestic relationship as one between those who are:
- Current or former spouses
- Persons of opposite sexes who live or have lived together
- Related as parents and children, grandparents and grandchildren, or are acting as the parental guardian of a child
- Current or former household members
- Shared parents of a child
- Persons of opposite sexes who are dating or have dated in the past.
A ruling made by the North Carolina Supreme Court in 2022 extended this definition to include same-sex dating relationships.
How Our Family Law Attorneys Can Help
If you suspect that you or a member of your family is experiencing domestic violence, our experienced family law attorneys at Blue Ridge Family Law Group can help by filing for a Domestic Violence Protective Order (DVPO) on behalf of the impacted party. DVPOs can be pursued alongside other criminal, custody, divorce, or juvenile court proceedings.
Emergency Ex Parte Orders
In the case of an emergency, the judge may issue an emergency DVPO to protect the health and safety of the plaintiff. If there is a current, imminent threat of harm, and domestic violence has already occurred, then a judge can grant what is called “ex parte” status to a DVPO, granting temporary and immediate protection without notifying the accused perpetrator.
Ex parte DVPOs can prohibit contact and cohabitation between the parties involved and grant the plaintiff temporary custody of any shared children. Typically, this arrangement only lasts for ten days or until a full hearing can be scheduled.
How Do Domestic Violence Protective Orders Work?
A full hearing is generally scheduled within 10 days of the filing of the complaint or issuance of an ex parte order. The defendant must be properly served with notice of the hearing before the court can proceed. At the hearing, both parties have the opportunity to present evidence and testimony. Following a hearing, the Court will assess whether there is an ongoing need to issue a Domestic Violence Protective Order for a period of up to one year, and can grant further relief, including but not limited to awarding possession of a residence, ruling on temporary custody of the parties’ minor children, and restricting the ability to purchase and own firearms. Domestic Violence Protective Orders are also subject to indefinite renewals for periods of up to two years upon a showing of good cause.
Our experienced attorneys in Asheville, North Carolina, have significant experience in domestic violence litigation, regardless of whether you are the party seeking or opposing a protective order. We are here to help guide you through the process and reach the best possible outcome. Contact us today to schedule a consultation or for answers to your questions about domestic violence.