Domestic violence is the systematic pattern of aggressive behavior by which one person asserts power and control over another person, often by any means necessary. This can involve various forms of aggressive and controlling behavior, to include:
Although the behaviors and frequency of said actions vary, the one constant is the partner’s continuous efforts to maintain power and control over their significant other.
North Carolina General Statutes do not provide an all-encompassing definition of Domestic Violence; however, North Carolina General Statute §50B provides a narrow definition for the sole purpose of granting emergency and temporary relief in the form of a Domestic Violence Order of Protection. More specifically, North Carolina General Statute §50B states:
Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense:
(1) Attempting to cause bodily injury, or intentionally causing bodily injury; or
(2) Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment...that rises to such a level as to inflict substantial emotional distress; or
(3) Committing any act defined [as rape or other sexual offenses by North Carolina Criminal Statutes].
For purposes of this [definition of domestic violence], the term "personal relationship" means a relationship wherein the parties involved:
(1) Are current or former spouses;
(2) Are persons of opposite sex who live together or have lived together;
(3) Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;
(4) Have a child in common;
(5) Are current or former household members;
(6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.
The purpose of a Domestic Violence Order of Protection is to provide immediate relief and temporary protection from this narrow subset of behaviors asserted by a partner when attempting to maintain power and control. Although North Carolina General Statute §50B provides various forms of relief, generally the forms of relief granted include the following:
Generally a Domestic Violence Order of Protection matter is heard on an emergency basis with only the moving party present. This is what is called an “ex parte hearing.” Due to constitutional considerations, any order coming out of an “ex parte hearing” must be limited in duration; therefore, said Orders will generally expire within ten (10) days. This permits time for the accompanying Complaint and Order(s) to be served on the other party. A hearing in which both parties are to attend is also scheduled. At said hearing, the Court will consider whether a Domestic Violence Order of Protection should be granted for one (1) year. It is also possible to renew and extend a one (1) year Domestic Violence Order of Protection depending on the unique circumstances of each case.
A Domestic Violence Order of Protective criminalizes certain behaviors by an offending party such that police can be immediately contacted should the offending party violate its terms. The District Attorney’s office may also pursue criminal charges against the offending party.
Despite the unique legal relief available through a Domestic Violence Order of Protection, said relief is limited and temporary. At times, pursuing such relief may only frustrate a person’s efforts to remove herself or himself from a Domestic Violence situation.
I have seen case after case where a Domestic Violence victim has been denied a Domestic Violence Order of Protection by the Court. Such an experience can be detrimental to someone trying to escape a Domestic Violence situation. Therefore, I must stress: the denial of a Domestic Violence Order of Protection does not mean that Domestic Violence did not occur. In reality, simply having the bravery to file for a Domestic Violence Order of Protection is indicative that some form of Domestic Violence has occurred, even if that form of Domestic Violence does not fit within the strict definition provided in North Carolina General Statute §50B.
Regardless of the involvement of a Domestic Violence Order of Protection, there are many other legal claims that a person can file to combat the various forms of aggressive and controlling behavior by an abuser. In some situations, these legal claims must be asserted prior to the expiration of a Domestic Violence Order of Protection should a party want to maintain possession of the house or vehicle or to maintain custody of the children. More specifically these domestic claims include, but are not limited to, the following:
Seek guidance from a family law attorney to not only help you navigate the legal system but most importantly to keep you and your children safe.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
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