Getting North Carolina Protections If You Are a Victim of Domestic Abuse
People who are victims of domestic abuse can use North Carolina laws to help protect themselves from their abuser quickly without a lengthy trial.
The victim can petition the court for a protective order to prevent future acts of domestic violence.
What Is Considered Domestic Abuse?
Courts classify domestic abuse or violence when the defendant has a personal relationship with the victim or a minor living with the person who had a personal relationship with the defendant.
The law considers personal relationships as:
- Current or former spouses
- Related as parents and children, including legal guardians, or as grandparents and grandchildren
- Parents of the same child
- Current or former household members
- People who are in a dating relationship or have been in a dating relationship
To be charged with domestic violence, the defendant must have one of the previous relationships with the victim and then either:
- Intentionally cause or attempt to cause bodily injury,
- Put the victim or a member of the victim’s family or household in fear of imminent bodily injury to the extent that the anxiety causes substantial emotional distress, or
- Commit first or second-degree rape; sexual offense with a child; first or second-degree sexual offense; sexual battery; statutory rape or sexual offense of a person 13, 14, or 15 years old; or intercourse and sexual offenses with certain victims.
What Is A Domestic Violence Protective Order?
A domestic violence protective order provides victims of domestic violence and abuse in North Carolina with a way to force the abuser to stay away from them legally.
A domestic violence protection order can last up to one year and be renewed for two years.
Anyone living in North Carolina can file a protective order with their local domestic abuse agency.
Some victims do not even need to go to court and can have a videoconference with a judge. In other counties, victims should go to the clerk of court’s office at their local courthouse to ask for the domestic protection order paperwork.
What Should I Do If I Am A Victim Of Domestic Abuse?
If you are in immediate danger, you should call 911. The National Domestic Violence Hotline is 1-800-799-7233 (SAFE). After you are safe, call Fay, Grafton & Nunez right away.
We can help you file a domestic protection order quickly, so the state’s protections kick in as soon as possible.
We offer free phone or Zoom consultations for victims of domestic abuse. After a domestic protective order is filed, our legal team can help you build a case against your abuser.