North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Quickly find the answers you’re looking for as it pertains to Domestic Violence in North Carolina.
In 1979, North Carolina responded to the problem of domestic violence by enacting Chapter 50B, the Domestic Violence Act. The Act continues to be amended and refined. While the civil remedy is not perfect, it has a number of good attributes. Chapter 50B protects both men and women, its protection extends to children residing with […]
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Fill-in-the-blank forms prepared by the Administrative Office of the Courts (AOC) are available through the Clerk of Superior Court and are officially designated for pro se (“do-it-yourself”) complainants. Attorneys are also allowed to use these forms, or lawyers may file custom-tailored complaints. The district court division has original jurisdiction over actions instituted under Chapter 50-B. […]
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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 statute. These remedies include: giving the aggrieved party possession of the residence and excluding the other spouse from the household evicting the party and assisting the aggrieved party in returning […]
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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 statute allows law enforcement personnel to arrest and confine an individual if the officer has probable cause to believe “that the person has violated a court order excluding the person […]
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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 relief. The motion may be filed separately. In the interest of speed, one may instead include in the verified complaint’s prayer for relief a statement asking […]
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Where there is a danger of acts of domestic violence to the aggrieved party or a minor child, the court is permitted to enter such ex parte orders as it may deem necessary to protect against such acts. A hearing on an order issued ex parte must be held “within 10 days from the date […]
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Where no domestic violence ex parte order is entered, the court must set a hearing after: providing five days’ notice to the other party OR five days from the service of process on the other party, whichever occurs first. Additionally, the following three requirements must be met: The movant (you, or the person in danger) must […]
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Despite this long list of remedies, there are several caveats that you should keep in mind. Protective orders entered pursuant to the statute will expire at the end of a fixed period, and this period may not exceed one year. There are no exceptions to this rule. Your only remedy after the one-year period is […]
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Fundamentally, the complaint should enumerate the facts and not simply state the result of the domestic violence. The facts of domestic violence are most compelling to the court when the acts occurred recently (or over a period of time) and the facts are stated with as much specificity as possible. When matters beyond domestic violence […]
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As with any trial, preparation is essential. Despite the shortened time frame in which a domestic violence hearing usually takes place, you and your witnesses must be thoroughly prepared. Your testimony should emphasize the fear you experienced but without lapsing into exaggeration. Medical reports, photographs, other physical evidence, and the judge’s own examination of the […]
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