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In addition to the criminal side of domestic violence, there is also a civil side. North Carolina’s Chapter 50B Statute addresses the civil side of domestic violence.
The Relationship Requirement
In order to bring a 50B domestic violence lawsuit against another person, there must exist one the following relationships: Current or former spouses, current or former household members, parents and children, grandparents and grandchildren, or persons acting as parents to a minor child, persons with a child in common, or persons of the opposite sex who are in a dating relationship or who have been in a dating relationship.
The Violence Requirement
When one of the above-described individuals attempts to cause bodily harm or attempts to cause bodily injury or intentionally causes bodily injury that meets the violence requirement for the 50B statute to apply.
In a situation where a party believes that there exists a serious and immediate threat to themselves or a minor child, that person can file for a complaint requesting an emergency domestic violence protective order, also known as an ex-parte DVPO. These orders, however, are temporary, and a hearing on the domestic violence is scheduled shortly afterwards.
Long Term Protection
After a hearing on the matters of domestic violence, a judge may grant a year-long domestic violence protective order, depending on the circumstances of the case. Terms of the order can include the following: ordering a no-contact between the parties, ordering possession of the marital home, attorney’s fees, banning of firearms, etc.
At Dugan & Leger, we realize how complicated and sensitive domestic violence issues can be. We invite you to schedule a consultation to discuss all aspects of your case, as well as to explore all options moving forward.