Domestic Violence FAQs
- How is domestic violence defined in the Domestic Violence Act?
- 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 [...]
- More
- What can the victim do to gain emergency assistance?
- 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 [...]
- More
- 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 [...]
- More
- 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 [...]
- More
- 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 [...]
- More
- 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 [...]
- More
- 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 [...]
- More
- 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 [...]
- More
- 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 [...]
- More
- 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 [...]
- More
- What can the civil courts do to remedy domestic violence? What is the Domestic Violence Act?
- What can the civil courts do to remedy domestic violence? What is the Domestic Violence Act? In 1979, North Carolina responded to the problem of domestic violence by enacting Chapter 50B, the [...]
- More
- What forms do I need to file a domestic violence action?
- What forms do I need to file a domestic violence action? Fill-in-the-blank forms prepared by the Administrative Office of the Courts (AOC) are available through the Clerk of Superior Court and are [...]
- More
- What remedies are available for relief from domestic violence?
- What remedies are available for relief from domestic violence? Through an ex parte order, an order upon motion and hearing, or a final order, the court may approve any of the remedies listed in the [...]
- More
- How are domestic violence protective orders enforced?
- How are domestic violence protective orders enforced? An action lies for contempt of court should an order pursuant to Chapter 50B be violated. When there has not been a hearing on enforcement, the [...]
- More
- When should I file for emergency relief?
- When should I file for emergency relief? If a victim of domestic violence believes that there is a danger of serious and immediate injury to him or her, that person may file a motion for emergency [...]
- More
- What is a domestic violence ex parte order?
- What is a domestic violence ex parte order?What is a domestic violence ex parte order? Some judges are reluctant to issue ex parte orders, although in some counties these orders are commonly entered. [...]
- More
- Can I receive emergency relief without an ex parte order?
- Can I receive emergency relief without an ex parte order? Where no ex parte order is entered, the court must set a hearing after providing five days' notice to the other party or after five days [...]
- More
- How long do domestic violence protective orders last?
- How long do domestic violence protective orders last?Despite this long list of remedies, there are several caveats that you should keep in mind. Protective orders entered pursuant to the statute will [...]
- More
- What should be included in the domestic violence complaint?
- What should be included in the domestic violence complaint? Fundamentally, the complaint should enumerate the facts and not simply state the result of the domestic violence. The facts of domestic [...]
- More
- How should I prepare for a domestic violence trial?
- How should I prepare for a domestic violence trial? As with any trial, preparation is essential. Despite the shortened time frame in which a domestic violence hearing usually takes place, you and [...]
- More
Back to the Top
