Domestic Violence
Domestic violence is a serious issue for you and your family’s safety. It is also a prominent factor during divorce or separation proceedings.
North Carolina law (N.C.G.S. 50B) defines domestic violence as the commission of one of more of the following acts upon an aggrieved party by a current or former spouse of the aggrieved party or by a person of the opposite sex with whom the aggrieved party lives or has lived as if married:
- Attempting to cause bodily injury or intentionally causing bodily injury; or
- Placing the aggrieved party or a member of the aggrieved party’s household or family, in fear of imminent serious bodily injury or continued harassment.
As added protection to the abused spouse, North Carolina law also states that once separate places of residence have been established, it is a misdemeanor for any person, either a present or former spouse or a person with whom the lawful occupant has lived as if married, to enter upon the premises of the lawful occupant or to remain after being ordered to leave by the lawful occupant.
A person seeking protection under Chapter 50B may do so by representing themselves or through legal counsel. The law further provides that the court may grant any protective order or approve any consent agreement to bring about a cessation of acts of domestic violence including the following:
- Direct a party to refrain from such acts;
- Grant a spouse possession of the residence or household of the parties and exclude the other spouse from the residence of household;
- Award temporary custody of minor children and establish temporary visitation rights;
- Order the eviction of a party from the residence or household and assistance to the victim in returning to it;
- Order either party to make payments for the support of a minor child as required by law
- Order either party to make payments for the support of a spouse as required by law
- Provide for the possession of personal property of the parties
- Order a party to refrain from harassing or interfering conduct.
- Award costs and attorney fees
If you feel as though you are at risk of being abused, you should immediately call 919 833 1040.
Contact Marshall & Taylor if you are prepared to follow legal steps to end an abusive relationship.