A domestic violence protective order (commonly referred to as a “DVPO”) is a restraining order that is designed to protect you or a family member from physical and/or emotional abuse from someone you have a domestic relationship with, such as a spouse. Depending on the act of violence or abuse, you may be granted immediate, same-day relief in an Ex Parte Order, which generally is effective for ten (10) days before receiving a long-term restraining order. A long-term restraining order may be granted for up to a year, with an option to renew the order prior to the order’s expiration. Domestic violence protective orders are not criminal charges. However, if violated, you may be facing misdemeanor or felony charges. Whether you are a victim of domestic violence or accused of committing domestic violence, it is important to know your rights. Freedom Law | North Carolina is skilled in the area of domestic violence and is ready to help.
Founding attorney Rebecca J. Lawrence dedicated and focused her studies on the impact of domestic violence on child development and the transmission of domestic violence through generations. Rebecca is dedicated to helping victims receive the services and protection they need. Without minimizing the severity of domestic violence, at Freedom Law | North Carolina, we understand and recognize that there are instances in which persons are falsely accused of domestic violence. If you have been accused of domestic violence, we are here to help mitigate or avoid the serious effect a domestic violence protective order may have on your life. It is important to know your rights, and Freedom Law | North Carolina is here to assist you and defend against wrongful or blatantly false accusations of abuse.
Domestic Violence and How It Affects Family Members
There are many cases of domestic violence being reported every year, and women and children are the most affected groups. This is where the domestic violence protective order comes in. Popularly known as DVPO, a domestic violence protective order is meant to protect you and your family from emotional and physical abuse from a spouse or anyone you are involved in a domestic relationship with.
What Is Considered Domestic Violence in North Carolina?
According to North Carolina statutes, domestic violence happens when a person commits the following actions against someone they have a domestic relationship with: • Deliberately causing injury or attempting to do so • Putting a victim in a situation that makes them fear impending serious bodily injury or constant harassment • Engaging in a manner that terrorizes and torments a person • Committing sexual offense The law clearly defines a personal relationship between the alleged victim and offender. A domestic violence case can only proceed if the prosecution can provide enough evidence that at least one of the above-mentioned acts was committed against the victim. The Statutes Define a Personal Relationship As: • Former or current spouse • Children and parents • Grandchildren and grandparents • People who have a child in common • Anybody acting as a parent to a minor child • Former or current household members
What Qualifies As Domestic Violence in North Carolina?
Domestic violence cases when there is a specific type of relationship between the defendant victim and the alleged defendant. Most cases of domestic violence arise from two people who are dating or engaged in a romantic relationship. The court will treat the case as domestic violence irrespective of whether the victim and alleged defendants are still in a romantic or dating relationship or not. Domestic violence can also happen between family members, such as siblings. Below Are Non-Assault Offenses That May Be Considered Domestic Violence: Cyberstalking Stalking Harassment Communicating threats
Types of Criminal Charges That Often Accompany Domestic Violence
The law enforcement agents may detain an abusive or violent spouse on a wide range of criminal charges including the following:
• Assault on a female
• Simple assault
• Sexual battery
• Assault in the presence of a minor
• Domestic criminal trespass
• Communicating threats
• Violation of a domestic protection order Criminal charges may be instituted depending on the details of the situation. There are other civil steps you can take to protect yourself from an abusive partner or family member.
How Does Domestic Violence Affect Children?
Children who experience domestic violence suffer in different ways, both physically and emotionally. Children may become withdrawn or find it difficult to form lasting relationships with others. They may also act out in the presence of other children and have behavioral issues at school. These problems may get worse during adolescence. A child may begin to have eating disorders or may start abusing drugs. As adults, people who experienced domestic violence as children are more likely to suffer from not only depression and anxiety, but are also more likely to have health problems such as heart problems, obesity and diabetes. They may also repeat some of the behaviors they have seen in abusive relationships.
Why You Need a Criminal Defense Attorney If You’ve Been Accused of Domestic Violence
There are many ways through which a criminal defense attorney can help. First and foremost, domestic violence lawyers understand how laws related to domestic violence work. They will answer all your questions and advise you accordingly. Additionally, a criminal defense attorney will closely work with prosecutors and negotiate better terms on your behalf.
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