Domestic Violence FAQS

Quickly find the answers you’re looking for as it pertains to Domestic Violence in North Carolina.


NC domestic violence and protection during divorce

How is Domestic Violence Defined in the Domestic Violence Act?

The Act establishes that domestic violence includes attempting to cause or intentionally causing bodily injury and also placing a person in fear of “imminent serious bodily injury” by threatening the use of force. The imminence requirement only exists when force is threatened as opposed to utilized.


What can the victim do to gain emergency assistance?

What can the victim do to gain emergency assistance?

Section 50B-5(a) provides that the victim of domestic violence may ask for the assistance of local law enforcement personnel. However, response time need only be “as soon as practicable” and multiple complaints from the same caller made within a forty-eight hour period need not be responded to if the agency has reasonable cause to believe that immediate assistance is not needed. When the officer does...

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What should I do if My Spouse is Violent?

What should I do if My Spouse is Violent?

Call the police, if necessary, and when you are safe, contact the domestic violence relief agency in your county. They will give you advice and, if necessary, direct you to a safe shelter.


How often is domestic violence the cause of death and injury?

How often is domestic violence the cause of death and injury?

According to some statistics, more than 50,000 women have been killed by their husbands or partners in the past ten years in this country. More than 25% of all visits to hospital emergency rooms by women are the result of domestic violence. Domestic violence is believed to be the most common, but least reported, crime in our nation. As stunning as these statistics are, they become...

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Can I just leave the house and not come back?

Can I just leave the house and not come back?

You can leave the house and not come back and you may take the children with you unless a court order directs you otherwise. It may be inadvisable for you to leave the house without talking to an attorney. Leaving the house without a good reason may affect your alimony situation. If you leave the house you may also be unable to return until after...

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What can the courts do to help me?

What can the courts do to help me?

In many circumstances involving domestic violence it is possible to obtain a court order without the typical notice requirements. You may be able to obtain an order that will provide you with possession of the marital residence, automobile, and temporary custody of your children; the order may also provide that your spouse must stay away from you and the children. If your spouse violates such...

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Who does the Domestic Violence Act protect?

Who does the Domestic Violence Act protect?

The statute protects not only present spouses but also former spouses. Additionally, the Act embraces acts “by a person of the opposite sex with whom the aggrieved party lives or has lived as if married”, persons “related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren”, persons who “have a child in common”, persona who...

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Can I bring criminal charges against my attacker?

Can I bring criminal charges against my attacker?

Yes, there are several crimes with which the person abusing you could be charged. For example, Rape and Sexual Offense, Assault, Domestic Criminal Trespass, Communicating Threats, Stalking or Harassing Phone Calls. Criminal Domestic Violence Charges Rape A person is guilty of Rape if they have [vaginal] intercourse with you by force and against your will. If the rapist displays or uses a dangerous weapon, causes...

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What is the residency requirement for filing a domestic violence action?

What is the residency requirement for filing a domestic violence action?

To proceed with a domestic violence action, the aggrieved person need only be a party residing in this State. In filing the action, the party may either institute a new action or file a motion in the cause in an action which could have been instituted under Chapter 50 covering the other family law causes of action.


Is emotional support available?

Is emotional support available?

Emotional support is available and absolutely essential to everyone involved in the dissolution of a marriage. There are numerous private mental health providers, including psychologists, psychiatrists, clinical social workers, and other counselors. Many of these individuals are in private practice and others work for non-profit agencies and for the government. Many agencies will provide counseling at a fee based upon your income.



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