North Carolina Divorce Lawyers Blog

Articles Tagged with domestic violence

Published on:

By

North Carolina domestic violence charges can be filed against someone who has used or tried to use physical force against someone they have or have had a close personal relationship with. Not every relationship is included in General Statute Section 14-32.5, but charges can be filed if the abuser is one of the following:

  • A current or former spouse, guardian, or parent of the victim
  • A parent to a child shared by the victim
  • Someone who has or is cohabiting with the victim as a spouse, guardian, or parent
  • Someone currently or previously in a dating relationship with the victim

Continue reading →

Published on:

By

North Carolina’s domestic violence law has undergone changes in recent years, expanding the types of qualifying relationships and the list of people who can be charged. Previously, the law limited domestic violence charges in relationships to a man who assaulted his female partner. If a woman was found guilty of a similar act of violence, she would likely face simple assault charges, which often carried lesser penalties. The state’s updated legislation encompasses broader definitions of who can be charged with domestic violence. Continue reading →

Published on:

By

Federal law prohibits someone who has a domestic violence restraining order filed against them from possessing a firearm if that restraining order includes a finding that they present a credible threat to the physical safety of an intimate partner or their child. The case of United States v. Rahimi explored whether such a provision can be enforced without violating an individual’s Second Amendment right. Continue reading →

Published on:

By

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 →

Published on:

By

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?

Continue reading →

Published on:

By

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.

Continue reading →

Published on:

By

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.

Continue reading →

Published on:

By

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 →

Published on:

By

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 →

Published on:

By

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 →