Domestic violence is defined by North Carolina General Statute § 50B-1, and includes violent acts between spouses and former spouses, men and women who are dating or who have a child together, people who live in the same household and family members.
A victim of domestic violence can file criminal charges or may file a civil action for a domestic violence protective order (known as a DVPO). If a protective order is entered, then the parties can no longer interact with one another, except to the extent the Judge may allow in the Order. A DVPO provides protection because the protected person can call law enforcement and may be able to have the offending person arrested immediately if the order is violated.
The law allowing for a DVPO was designed to protect people from ongoing violence. It is important for all victims of domestic violence that this law not be misused by angry men and women as retribution or to gain an advantage in other litigation. Every time someone is wrongly accused of domestic violence, the law is weakened for those who really need protection.
The person found guilty of domestic violence loses a number of rights, and if later violates the civil protective order, he/she would be guilty of a jailable offense. These consequences should not be taken lightly.
Whether you are a victim of domestic violence or are wrongly accused of domestic violence, seek the advice of a qualified attorney to help with the process.
Contact attorney Gena McCray or call us at (919) 497-0091 for more information.