Huntersville Domestic Violence Attorneys
Huntersville Domestic Violence Lawyers - Assisting You in Getting a Protective Order against Domestic Abuse
Huntersville Domestic Violence Lawyers - Assisting You in Getting a Protective Order against Domestic Abuse
Domestic violence is the chronic abuse by a current or former intimate partner against the other. Its a pattern of domination where one partner purposely causes fear, injury, and pain in order to establish and maintain control over the other partner. The Federal Bureau Of Investigation (FBI) estimates that a woman is severely beaten in the United States every 15 seconds. Although men can be victims, 98% of victims are female. Domestic violence is rarely an isolated incident. Instead, domestic violence is a cyclical pattern: the pattern consists of a (1) tension building phase, (2) battering incident, and (iii) honeymoon phase.
The tension building phase may last for months or even years. The potential perpetrator may become angry, irritable, possessive, and demanding. The potential victim often feels like she is "walking on eggshells" around the perpetrator. During stressful periods, the victim often withdraws or is overly compliant to avoid further confrontations. Ultimately, the victim's strategy proves futile as she is unable to accommodate the perpetrator's unrealistic demands.
The tension building phase may last for months or even years. The potential perpetrator may become angry, irritable, possessive, and demanding. The potential victim often feels like she is "walking on eggshells" around the perpetrator. During stressful periods, the victim often withdraws or is overly compliant to avoid further confrontations. Ultimately, the victim's strategy proves futile as she is unable to accommodate the perpetrator's unrealistic demands.
The battering incident may vary from verbal or physical aggression to physical assault. The perpetrator may threaten, shove, slap, punch, sexually abuse, or severely beat the victim. The perpetrator will convince himself that violence was justified due to the victim's conduct.
The honeymoon phase occurs when the perpetrator expresses regret and possibly denies responsibility for his aggression. During this phase, the battering incident is minimized through apologies and promises that the violence will never happen again. The perpetrator manipulates the victim into believing these promises. The victim wants to believe the violence won't occur again. The victim is pressured to move on and not do anything to jeopardize the relationship.
So why do women (and men) stay? A number of situational and emotional factors play into why a women stays. A woman may be economically dependent on the abuser, lack alternative housing, fear an unknown future, have guilt about the failure of marriage, or truly believe their husband will change. Whatever the reason, or combination of reasons, it is very difficult for a woman to make the decision to leave without the support of family, friends, and advocates.
Understanding abuser behavior may help a woman tremendously in making the decision to move on. Not only does this knowledge help a woman understand why her abuser is violent, but it helps her to understand the resources available to her and how to develop a plan to leave. While only the victim can make the decision to leave, knowledge allows the victim's decision to be informed.
North Carolina Chapter 50B
North Carolina provides for both criminal and civil remedies for victims of domestic violence. To have standing to seek relief under the North Carolina domestic violence statute, one of the following relationships is required:
(1) Current or former spouses;
(2) Current or former household members;
(3) Parents, grandparents, or others acting as parents to a minor child, or children and grandchildren;
(4) Persons with a child in common;
(5) Opposite sex persons who are or have lived together;
(6) Opposite sex persons who are or were in a dating relationship.
Victims without a personal relationship may still seek a Chapter 50C No-Contact Order.
Protective Orders
Once it is established that the victim has standing, or the ability to file a claim, they may seek a Chapter 50B Domestic Violence Protective Order (DVPO). Many people also refer to a DVPO as a restraining order. In North Carolina, the DVPO may direct the abuser to do, or refrain from doing, a number of things. The abuser may, for example, be ordered to stay away from the victim or not to contact the victim in any manner. In order for a victim to seek a DVPO, the abuser must have:
(i) Attempted to cause or intentionally caused bodily injury to the victim,
(ii) Placed the victim, a family member, or a household member in fear of imminent serious bodily injury,
(iii) Exerted harassment that caused substantial emotional distress, OR
(iv) Committed a sexual offense against the victim.
DVPOs are powerful orders. Not only will a court punish an abuser found guilty of a DVPO violation, but in North Carolina, a police officer MUSTarrest the abuser for a DVPO violation, regardless of the present relationship or circumstances between the victim and the abuser. Even if a victim resumes a relationship with an abuser after obtaining a DVPO, the abuser will be arrested for a violation until a court revokes the DVPO. Additionally, a valid protective order issued IN ANY OTHER STATE is enforceable everywhere in North Carolina.
Ex Parte Orders
An Ex Parte Order is an order filed without the abuser present. Typically, these are made under emergency circumstances, with the assistance of a police officer, immediately upon a battering incident. An Ex Parte Order is permitted if a victim can show a chance of serious and immediate injury to herself or a minor child. The order is temporary and only lasts for 10 days. In other words, the victim is temporarily protected from the abuser for 10 days. The victim will be given a date within 10 days to appear in district court. After the district court hearing, the order may be extended up to 1 year. The order may be renewed for up to another period, not to exceed 2 years.
Custody Orders
A court may enter an ex parte temporary Custody Order if a child is exposed to a substantial risk of physical, emotional, or sexual abuse. A court may decide whether to issue Limited or Supervised visitation, or No visitation at all. If visitation is ordered, the safety of the child must be considered. Temporary custody orders may only last for 1 year and are not renewable.
If you're a victim of domestic violence and in immediate need of assistance, please call the police. The police are your best resource for immediate action. If you want to explore the resources available to you, and to develop a plan to leave your abuser, please contact Adkins Law. We will be your ADVOCATE in these difficult and stressful times. Adkins Law will defend your rights and help you to live the life you deserve to live.
Adkins Law is able to provide you with assistance in a variety of family law issues, including domestic violence issues. Contact Adkins Law if you wish to speak with an experienced Huntersville domestic violence attorney. One of our Huntersville domestic violence lawyers can assist you in getting a protective order against domestic abuse.
The honeymoon phase occurs when the perpetrator expresses regret and possibly denies responsibility for his aggression. During this phase, the battering incident is minimized through apologies and promises that the violence will never happen again. The perpetrator manipulates the victim into believing these promises. The victim wants to believe the violence won't occur again. The victim is pressured to move on and not do anything to jeopardize the relationship.
So why do women (and men) stay? A number of situational and emotional factors play into why a women stays. A woman may be economically dependent on the abuser, lack alternative housing, fear an unknown future, have guilt about the failure of marriage, or truly believe their husband will change. Whatever the reason, or combination of reasons, it is very difficult for a woman to make the decision to leave without the support of family, friends, and advocates.
Understanding abuser behavior may help a woman tremendously in making the decision to move on. Not only does this knowledge help a woman understand why her abuser is violent, but it helps her to understand the resources available to her and how to develop a plan to leave. While only the victim can make the decision to leave, knowledge allows the victim's decision to be informed.
North Carolina Chapter 50B
North Carolina provides for both criminal and civil remedies for victims of domestic violence. To have standing to seek relief under the North Carolina domestic violence statute, one of the following relationships is required:
(1) Current or former spouses;
(2) Current or former household members;
(3) Parents, grandparents, or others acting as parents to a minor child, or children and grandchildren;
(4) Persons with a child in common;
(5) Opposite sex persons who are or have lived together;
(6) Opposite sex persons who are or were in a dating relationship.
Victims without a personal relationship may still seek a Chapter 50C No-Contact Order.
Protective Orders
Once it is established that the victim has standing, or the ability to file a claim, they may seek a Chapter 50B Domestic Violence Protective Order (DVPO). Many people also refer to a DVPO as a restraining order. In North Carolina, the DVPO may direct the abuser to do, or refrain from doing, a number of things. The abuser may, for example, be ordered to stay away from the victim or not to contact the victim in any manner. In order for a victim to seek a DVPO, the abuser must have:
(i) Attempted to cause or intentionally caused bodily injury to the victim,
(ii) Placed the victim, a family member, or a household member in fear of imminent serious bodily injury,
(iii) Exerted harassment that caused substantial emotional distress, OR
(iv) Committed a sexual offense against the victim.
DVPOs are powerful orders. Not only will a court punish an abuser found guilty of a DVPO violation, but in North Carolina, a police officer MUSTarrest the abuser for a DVPO violation, regardless of the present relationship or circumstances between the victim and the abuser. Even if a victim resumes a relationship with an abuser after obtaining a DVPO, the abuser will be arrested for a violation until a court revokes the DVPO. Additionally, a valid protective order issued IN ANY OTHER STATE is enforceable everywhere in North Carolina.
Ex Parte Orders
An Ex Parte Order is an order filed without the abuser present. Typically, these are made under emergency circumstances, with the assistance of a police officer, immediately upon a battering incident. An Ex Parte Order is permitted if a victim can show a chance of serious and immediate injury to herself or a minor child. The order is temporary and only lasts for 10 days. In other words, the victim is temporarily protected from the abuser for 10 days. The victim will be given a date within 10 days to appear in district court. After the district court hearing, the order may be extended up to 1 year. The order may be renewed for up to another period, not to exceed 2 years.
Custody Orders
A court may enter an ex parte temporary Custody Order if a child is exposed to a substantial risk of physical, emotional, or sexual abuse. A court may decide whether to issue Limited or Supervised visitation, or No visitation at all. If visitation is ordered, the safety of the child must be considered. Temporary custody orders may only last for 1 year and are not renewable.
If you're a victim of domestic violence and in immediate need of assistance, please call the police. The police are your best resource for immediate action. If you want to explore the resources available to you, and to develop a plan to leave your abuser, please contact Adkins Law. We will be your ADVOCATE in these difficult and stressful times. Adkins Law will defend your rights and help you to live the life you deserve to live.
Adkins Law is able to provide you with assistance in a variety of family law issues, including domestic violence issues. Contact Adkins Law if you wish to speak with an experienced Huntersville domestic violence attorney. One of our Huntersville domestic violence lawyers can assist you in getting a protective order against domestic abuse.