For many, the holiday season is a time of joy, family gatherings, and shared memories. However, this time of year can also be rife with challenges, especially for those dealing with forms of domestic violence. Continue reading →
North Carolina law states that custody of a child may be granted jointly to both parents or exclusively to one parent, but how is that decision made in custody cases? All North Carolina orders for custody must be based on what arrangement will promote the best interest and welfare of the child.
While custody cases in the past used to favor the mother based on the since-abolished tender years doctrine, current custody matters do not give automatic preference to one parent over another. Instead, courts must consider relevant factors like the child’s safety.
Parents have a protected right to care for their children in North Carolina, and that right affords them some significant protections when it comes to custody and visitation. For instance, third parties like grandparents can seek visitation and custody only in very limited circumstances.
However, when parents are involved in custody disputes, courts may limit or altogether deny visitation to a mother or father. Every North Carolina custody determination is based on one core principle: the best interests of the child. If a court believes that not having visitation with one parent is best for the child, then the court order will reflect that decision. Continue reading →
North Carolina Statute § 50B-3.1 states that if an emergency or ex parte protective order is issued, and the abuse involves a deadly weapon or threat of a deadly weapon, the abuser must surrender their firearms, ammunition, and firearm permits. Knowing what qualifies as a deadly weapon is important, but making that determination is not always easy. In general terms, a deadly weapon is any object that could cause death or severe harm. Items like guns, knives, baseball bats, and hammers would fall into this category, but what about other everyday items or household objects?
Y Michael Yin, JD
Hunter v. Hunter, 2024-NCCOA-______ (2024).
Facts: In June 2023, a family dispute turned violent between the Plaintiff and the Defendant, his father. The altercation arose over a disagreement regarding the Plaintiff’s daughter attending bible school. During the argument, the Defendant struck the Plaintiff in the neck, causing him to fall to the ground and suffer a concussion. This incident occurred in the presence of the Plaintiff’s fiancé and daughter, who were seated in a nearby car.
Following the altercation, the Plaintiff filed a complaint seeking a domestic violence protective order. The court responded promptly by issuing an ex parte domestic violence protective order on the same day.
Domestic violence is a severe offense. If you’ve been falsely accused by a spouse, partner, or household member, you must take the allegations seriously, even if you know you are innocent.
A Domestic Violence Protective Order (DVPO) can last up to one year in North Carolina. These protection orders can be filed against anyone you have a personal relationship with, and violations mean the other party can be arrested. DVPOs provide a much-needed layer of protection for divorcing spouses facing domestic violence.
If your DVPO is set to expire soon, you may be able to receive a renewal. A renewal can last up to two years, and you can continue to receive renewals as long as there is good cause for the DVPO to remain in place.[1] Continue reading →
Domestic Violence Protective Orders (DVPO) can be filed in North Carolina when you have a personal relationship with someone who is harassing, threatening, or committing another type of domestic violence against you. Which relationships are classified as personal relationships for this purpose? Continue reading →
Domestic violence comes in many forms. If your partner or spouse has made you feel unsafe, you may be able to get a Domestic Violence Protective Order (DVPO). North Carolina provides a relatively broad categorization of behaviors that could warrant a DVPO. This article offers general information about acts that may qualify for a DVPO, but you can get personalized guidance by speaking to a Greensboro divorce lawyer. Continue reading →
Sometimes a parent will commit an act of domestic violence against the other parent or involving the child. In these cases, a domestic violence protective order (DVPO) can be entered to cut off contact between the offender and the parent/child. Subsequently, if the offender then faces a petition to terminate his/her parental rights, then that DVPO cannot be used as a shield to prevent the termination, so long as the grounds are factually established. Continue reading →
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