Violence and assault are terrible things, but they are often all the more terrible when the harm and threat of violence are coming from someone close. Domestic violence is a pervasive and horrific problem across the United States, affecting up to 12 million men and women every year according to the National Domestic Violence Hotline. This equates to nearly 24 people per minute. Therefore, it is essential to present these cases in court effectively.
In North Carolina, understanding domestic violence laws and statutes could help support a case for the plaintiff or the defendant. Due to the nature of domestic violence cases, the court procedures may look different from a standard civil or criminal case. Experienced and dedicated legal counsel may be a key factor in navigating domestic violence cases.
Domestic violence laws can be complex and confusing, but they do not have to be. A skilled family law attorney from King Law Offices may be able to evaluate a case and provide a strategy to move forward in court. Schedule a consultation today by calling (888) 748-KING for details.
Legal Definition of Domestic Violence
Domestic violence laws in North Carolina define the act of domestic violence as causing bodily harm, threatening violence, and placing the victim under fear of severe bodily injury, or harassment of a person who has a personal relationship with the individual. Any sexual assault crime committed against a person who has a personal relationship with the individual may also be considered domestic violence. This definition, however, does not include self-defense.
Who Can Be Convicted of Domestic Violence?
While there are many similarities, general violence or sexual assault is distinct from domestic violence under North Carolina’s domestic violence laws. The key divider in these circumstances is the presence of a personal relationship. According to North Carolina Gen. Stat. § 50B-1, a personal relationship is one where the involved parties are married, persons of the opposite sex who live or have lived together, related as parent and child, related as grandparent or grandchild, persons who share a child, current or former household members, or in a dating relationship. Abuse or violence within the bounds of these relationships may be tried under domestic violence laws.
Penalties for Domestic Violence
Penalties for domestic violence crimes can vary based on the offense and its severity. Classifications for crimes under domestic violence laws can range from a class A1 misdemeanor to a class C felony. For class A1 felonies, there may be a penalty of up to 150 days of incarceration and a fine determined by the court. There is no set maximum to the fine chosen by the courts, making the decision up to the judge in question. Class C felonies, however, are high-level felonies that may be punishable with 5 to 12 years in prison.
A seasoned family law attorney from King Law Offices may be able to provide insight into North Carolina’s domestic violence laws and could help with representation in court.
Domestic Violence Court Process
The court process for domestic violence cases often looks different from other cases, as the crime may be tried in both civil and criminal courts, depending on the offense. Filing for a Domestic Violence Protective Order is a process handled by the civil courts, but the offense that led to the abusive or harmful situation may be tried in a criminal court depending on the severity. Understanding these differences could influence how a case is handled.
Domestic Violence Protective Order (DVPO)
One of the key legal matters under North Carolina domestic violence laws is a Domestic Violence Protective Order (DVPO), sometimes called a 50B order. This document is a court-issued mandate that the offender stay away from the victim. These protective measures may help secure peace of mind for the victim and protect them from further harm. Failure to comply with these regulations may result in serious consequences for the offender. Obtaining protection orders may also be a facet of divorce cases.
Law enforcement can arrest an individual immediately for violation of a DVPO, and the sentence for a DVPO violation can be high. While a DVPO is not a criminal conviction, violation of a DVPO is. This means that attempting to contact or find the protected person could result in serious criminal charges for the offender.
Filing for a DVPO
While Domestic Violence Protective Orders are valuable tools and protections for victims of domestic violence, they may take time to establish. This is why, when filing for a DVPO, the court may issue a temporary ex parte order which will function as a DVPO until the case is settled. Once this is filed, the sheriff must serve the defendant with the paperwork so that they may appear in court and respond to the petition. If the court rules that domestic violence was committed, they may then grant a Domestic Violence Protective Order.
If the person’s relationship with the offender does not qualify for a DPVO under section 50B-1 of the North Carolina General Statutes, the plaintiff could potentially file for a similar no-contact order under section 50C. This may provide similar benefits and protections for those who are not engaged in a personal relationship.
Frequently Asked Questions
Listed below are several frequently asked questions regarding domestic violence laws and Domestic Violence Protective Orders.
Can a Defendant Agree to a Domestic Violence Protective Order?
Yes, a defendant can agree to a DVPO. After the documents have been served and the plaintiff and defendant have arrived in court, the plaintiff must affirm their desire to pursue a DVPO and the defendant must respond. If the defendant consents to the order, the courts will provide the documentation without a court battle.
How Long Does a Domestic Violence Protective Order Last?
Domestic Violence Protective Orders last for up to one year, but can be regularly renewed for up to two years at a time. The local court may be able to process a request for renewal.
What Constitutes a Personal Relationship Under Domestic Violence Laws?
A personal relationship is generally a relationship of familial bonds or intimate connection, which can include spouses, dating individuals, cohabitors, as well as parents, children, grandparents, and others.
A North Carolina Family Lawyer Can Help
Domestic violence can be frightening and heartbreaking, as violence from loved ones and family can come as a shock. Compounded with the stress of legal challenges and court orders, it can become a perfect storm for victims of domestic violence. A skilled North Carolina family lawyer from King Law Offices with extensive experience with domestic violence laws may be able to help, relieving victims of the burden of the legal complexities. This support could help effectively navigate a case and help protect victims of domestic violence. For more information, speak with a skilled attorney by calling (888) 748-KING.