North Carolina Domestic Violence Act

Under the North Carolina domestic violence law also known as the Domestic Violence Act. Section 50B-1 outlines domestic violence as a person who deliberately tries to cause bodily injury to another, a person intentionally instilling fear upon you, your family or household, inflicting significant emotional stress with uncontrollable harassment and/or constraining a criminal action of  1st and 2nd rape and 1st and 2nd degree sexual offense.  North Carolina domestic violence statutes exist to protect victims of abuse and the threat of physical abuse.

How to Define an Abuser

Many assume that only a spouse can be an abuser, as stated above – anyone in relation to you can be an abuser. Under the North Carolina Domestic Violence Act, marriage to your abuser is not required to bring action against him or her. Below, you’ll find people if related to and committing violent acts against you can be found guilty of domestic violence:

  1. An existing or previous partner
  2. Anyone of the opposing gender who has lived or is living with you
  1. Individuals of relation such as parents and children or as grandparents and grandchildren
  2. A child’s parent(s)
  3. An existing or previous household member; and
  4. An  individual you are dating or have dated

Children are also protected from domestic violence from their parents, or live-in partners of their parents, or a child’s guardian.

Help or Seek Help for Domestic Violence

In 2009, 131 people in North Carolina were killed from domestic violence and at the hands of someone they loved. Of these victims, 99 were female and 32 were male.

Statistics compiled by the U.S. Department of Justice show that one out of three victims of violent crime were victimized by a family member. Violent crime rates in North Carolina have declined slightly, from 498.3 per 100,000 people in 2000 to 480.2 per 100,000 in 2007.

 

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Raleigh divorce attorney  Scott Allen handles domestic violence cases and has over twenty eight years of experience.  

If you have questions or need assistance call him at (919) 863-4183 or email at sallen@allenspence.com.