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. Studies and advocacy groups report an increase in incidents of domestic violence around the holiday…
Articles Posted in Domestic Violence
Sole and Shared Physical Custody in North Carolina
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…
Can North Carolina Courts Refuse to Grant Visitation to a Non-Custodial Parent?
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…
What is Considered a Deadly Weapon for a DVPO?
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…
Self Defense in Domestic Violence
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,…
How to Defend Against False Claims of Domestic Violence
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. What is Domestic Violence? Domestic violence includes a variety of threatening, harassing, or harmful behaviors committed against one of…
Renewing a Domestic Violence Protective Order in North Carolina
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…
Who Can File for a Domestic Violence Protective Order in North Carolina?
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? Divorce and Protective Orders Spouses and ex-spouses qualify…
What Behaviors Qualify for a Domestic Violence Protective Order?
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…
Domestic Violence Protective Orders and Termination of Parental Rights
IN THE MATTER OF: E.Q.B., M.Q.B., S.R.R.B., 2023-NCCOA-______ (2023) 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,…