Domestic Violence – NCGS 50-B

North Carolina General Statutes, Chapter 50-B, is where the law in NC related to domestic violence is found.  A copy can be found here.

Domestic Violence in North Carolina – When You Are a Victim

North Carolina Domestic Violence Act

Under the North Carolina domestic violence law also known as the Domestic Violence Act. Section 50B-1 outlines domestic violence as a person who deliberately tries to cause bodily injury to another, a person intentionally instilling fear upon you, your family or household, inflicting significant emotional stress with uncontrollable harassment and/or constraining a criminal action of  1st and 2nd rape and 1st and 2nd degree sexual offense.  North Carolina domestic violence statutes exist to protect victims of abuse and the threat of physical abuse.

How to Define an Abuser

Many assume that only a spouse can be an abuser, as stated above – anyone in relation to you can be an abuser. Under the North Carolina Domestic Violence Act, marriage to your abuser is not required to bring action against him or her. Below, you’ll find people if related to and committing violent acts against you can be found guilty of domestic violence:

  1. An existing or previous partner
  2. Anyone of the opposing gender who has lived or is living with you
  1. Individuals of relation such as parents and children or as grandparents and grandchildren
  2. A child’s parent(s)
  3. An existing or previous household member; and
  4. An  individual you are dating or have dated

Children are also protected from domestic violence from their parents, or live-in partners of their parents, or a child’s guardian.

Help or Seek Help for Domestic Violence

In 2009, 131 people in North Carolina were killed from domestic violence and at the hands of someone they loved. Of these victims, 99 were female and 32 were male.

Statistics compiled by the U.S. Department of Justice show that one out of three victims of violent crime were victimized by a family member. Violent crime rates in North Carolina have declined slightly, from 498.3 per 100,000 people in 2000 to 480.2 per 100,000 in 2007.

 

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Raleigh divorce attorney  Scott Allen handles domestic violence cases and has over seventeen years of experience.  

If you have questions or need assistance call him at (919) 863-4183 or email at sallen@allenspence.com.  

Domestic Violence – The Basics

The North Carolina General Assembly defines domestic violence as an action upon another party or minor living with or in the custody of the person with whom the aggrieved party has or has has had a personal relationship. This includes attempting to cause bodily injury, or intentionally causing bodily injury. It also includes placing the distressed party’s family or home of serious injury or harassment that leads to severe emotional distress or committing any act defined under NCGS 14-277.3A to 14-7.7.

The personal relationship in this statue refers to a relationship in which the parties are married or were married, members of the opposite sex who live together or have lived together at some point. It can also refer to parents in relation to their child or those acting as the child’s guardian. Under NCGS 50B, the distressed party is not allowed to get an order of protection against a child they are related to whom is under 16 years old. NCGS 50 B, which covers the domestic abuse statute in North Carolina, also does not permit an aggrieved party of domestic abuse to get an order or protection against someone they have a child with, live or used to live with, or someone they are dating or used to date. This does not relate to business relations and friends on a platonic level.

Victims of abuse can file a complaint for a  Domestic Violence Protective Order so long as its in accordance with Chapter 50 B. Victims can obtain a 50 B, DVPO if you have or have had a personal relationship with the abuser, lived with them, related to them, or any other circumstance explained sited above. In North Carolina, the domestic violence protective order statues are often referred as DVPO, 50B, or a restraining order.

Domestic violence victims in North Carolina who are filing a DVPO must prove that the abuser attempted to cause injury or distress the victim or his or her family member as described in the statute. A 50B protective order may direct the alleged abuser to stay away from the victim and not allow the abuser to threaten the victim or his/her family members.

Domestic violence victims can sometimes find other services through an order of protection in North Carolina. In some cases it can enable the alleged abuser to pay monetary relief. For example, an abuser may be required to pay their portion of child support and face eviction.  Since such dire consequences are possible, it is especially important for the victim to make sure they talk to the right attorneys in North Carolina to make sure they have a case a domestic violence case to present.

 

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Raleigh divorce attorney Scott Allen handles domestic violence cases has over seventeen years of experience.  

If you have questions or need assistance call him at (919) 863-4183 or email at sallen@allenspence.com.