In addition to the criminal side of domestic violence, there is also a civil side. North Carolina’s Chapter 50B Statute addresses the civil side of domestic violence.
The Relationship Requirement
In order to bring a 50B domestic violence lawsuit against another person, there must exist one the following relationships: Current or former spouses, current or former household members, parents and children, grandparents and grandchildren, or persons acting as parents to a minor child, persons with a child in common, or persons of the opposite sex who are in a dating relationship or who have been in a dating relationship.
The Violence Requirement
When one of the above-described individuals attempts to cause bodily harm or attempts to cause bodily injury or intentionally causes bodily injury that meets the violence requirement for the 50B statute to apply.
In a situation where a party believes that there exists a serious and immediate threat to themselves or a minor child, that person can file for a complaint requesting an emergency domestic violence protective order, also known as an ex-parte DVPO. These orders, however, are temporary, and a hearing on the domestic violence is scheduled shortly afterwards.
Long Term Protection
After a hearing on the matters of domestic violence, a judge may grant a year-long domestic violence protective order, depending on the circumstances of the case. Terms of the order can include the following: ordering a no-contact between the parties, ordering possession of the marital home, attorney’s fees, banning of firearms, etc.
At Atlantic Coast Law, we realize how complicated and sensitive domestic violence issues can be. We invite you to schedule a consultation to discuss all aspects of your case, as well as to explore all options moving forward.
For help with Family Law issues, contact Atlantic Coast Law and ask for attorney Nick Leger.