Violence or other abuse in a domestic setting, such as cohabitation or marriage can be termed domestic violence. Domestic Violence can be committed by one of the people in an intimate relationship against the opposite one. It can take place in heterosexual or same-sex relationships or former partners. Domestic violence which is committed involves violence around children, teenagers, parents, or the elderly. Sexual abuse covers a big picture in domestic violence in forms of marital rape, violent physical abuse such as choking, beating, genital mutilation, acid throwing which can cause disfigurement.
According to North Carolina
There are 2 parties occupied, the abuser and the victim. For an occurrence to qualify as domestic violence the abuser has to be a part of the victim’s house or just have a personal relationship with the person. Persons having a child in common or someone in a dating relationship is also considered in such cases.
Chapter 50B of North Carolina codes states-
- A try to cause bodily injury to the victim
- Causing bodily injuries intentionally by the victim
- For causing fear of bodily injury or continuous harassment which is severe enough to cause emotional distress.
- Assaulting sexually
A victim of domestic violence has the right to seek a protective order. A domestic violence protective order can be filled at the local district court without any charge. Once the paperwork is done one can talk to the judge who can grant an ex parte order or an emergency protective order. It’s a short-term protective order which lasts until the official hearing date. For further process, one can easily contact a Charlotte divorce lawyer.
Why an attorney?
After the victim gets a domestic violence protective order, the other party will be ordered by the court itself to stay away from the victim’s home, school, college, or workplace, reframing any contact with the victim. An order of protection can be granted to the victim for temporary custody of the children, and allow him/ her to stay at home and the court orders the abusive party to surrender any firearms.
For the victim party’s safety and also the safety of the children working and taking help from an attorney are critical. An attorney always helps the victim party to improve the chances of their hearing resolving in their favor.