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How Civil No Contact Orders Work

In Domestic Violence, Lifestyle, Separation & Divorce by Carly Baker

Violence, sexual assault, stalking, and harassment are a nightmare, and those who live under the threat of a person who has committed these acts need help to protect themselves. Beyond help from law enforcement, there are civil orders that can provide legal protection and restrain perpetrators from continuing their misconduct. These are Domestic Violence Protective Orders (DVPO) and Civil No Contact Orders. The two are different, and even if you don’t qualify for one, the other might apply to your circumstances. Civil No Contact Order A civil no contact order is a restraining order that can be obtained by a victim against a perpetrator of unlawful conduct. This unlawful conduct includes stalking, non-consensual sexual conduct, acts that would make a reasonable person fear for his or her safety, as well …

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Understanding the Difference Between Civil and Criminal Law

In Domestic Violence, Separation & Divorce by Sarah Hink

For a lot of people, a courtroom is a courtroom, and a lawsuit is a lawsuit. However, while it all may seem intimidating to some people, it is worth understanding that not all legal proceedings are the same. In fact, the law is basically broken down into two separate systems: civil law and criminal law. These cases have very different subject matters, are often heard by different judges, are handled by different attorney, have very different consequences, and have different procedures of appeal. Criminal Law Criminal laws are designed to punish or deter the public from engaging in bad acts. Criminal cases are brought to a court by a state or federal prosecutor (in cooperation with an investigative agency) against a defendant on behalf of the government. The prosecutor’s goal …

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The Effects of Domestic Violence on Your Children

In Child Custody, Domestic Violence by Carly Baker

Domestic violence in a relationship is dangerous and can be deadly. While victims suffer both emotional and physical trauma from an abusive relationship, the impact of the violence on children must also be considered. During these formative times in their development, children need stability, safety, and trust. Unfortunately, the presence of domestic violence—whether it is occurs in the child’s presence or not—can throw a giant monkey wrench into all of these critical childhood needs. If this topic is relevant to your current relationship, consider the following: Domestic violence can be incredibly dangerous to children. While you love your children, domestic violence situations involve heightened emotions and bad decisions. This means that an abuser is not acting in children’s best interest and is putting them at great risk of harm; further, …

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Identifying Signs of Domestic Violence in a Relationship

In Domestic Violence, Relationships by Sarah Hink

It is surprisingly easy to lose yourself in a relationship. After a relationship begins, a lot of people find themselves focused on their partner, while naturally pulling away from their daily routines and even from friends. Unfortunately, a lot of us are optimists, so when we find a partner we are attracted to—and who seems to reciprocate our feelings—we tend to overlook red flags. For your health and safety, it is critical not to overlook red flags of domestic violence. Control Control is an enormous part of an abusive relationship, and can include controlling where a person goes, who they can talk to, their access to money, what they can wear, and their daily activities. In other words, abusers seek to limit their partner’s ability to make decisions for themselves. …

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Can a Man Obtain a Domestic Violence Protective Order?

In Domestic Violence by Carly Baker

Women are not the only victims of domestic violence. According to the latest statistics released by the National Coalition Against Domestic Violence, about 25% of the victims of domestic violence in North Carolina are male. Further, it is estimated that 1 in 4 men have experienced some form of domestic violence. Sadly, some male victims of domestic violence are hesitant to report their own abuse or to seek help. This may be due to embarrassment, a perception of “weakness” that runs contrary to “manliness,” or even a lack of awareness that help is available. In fact, men have the same legal rights to seek protective orders as women. Domestic Violence Protective Orders Domestic violence occurs when one or more of the following acts is committed by a person with a …

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Anti Stalking Laws in North Carolina

In Domestic Violence, Relationships by Elizabeth Stephenson

Stalking is terrifying, dangerous, and sometimes deadly for victims. Beyond the invasion of privacy, stalking creates a virtual prison and constant threat for a victim—possibly leaving lasting psychological damage. Because of the emotional trauma, extreme danger, and the “strong connections” between stalking and domestic violence and sexual assault, stalking is a crime in North Carolina. The Crime of Stalking Specifically, under North Carolina General Statute § 14-277.3A, a person commits the crime of stalking if: the person “willfully on more than one occasion harasses another person without legal purpose or willfully engages in a course of conduct directed at a specific person without legal purpose”; and the person “knows or should know that the harassment or the course of conduct would cause a reasonable person to” fear for their safety …

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Batterer Intervention Programs in North Carolina

In Domestic Violence by Elizabeth Stephenson

The impact of domestic violence on victims and on children cannot be overstated. Not only do violence and abuse create a risk of serious injury or death for everyone involved, they also can create lasting emotional damage. For example, children who witness domestic violence run a risk of becoming batterers themselves or becoming involved in bad relationships in the future. Because of the volatile and unpredictable nature of domestic violence—especially when one spouse tries to separate from the other—it sometimes becomes necessary to involve law enforcement or family courts when matters escalate. Domestic violence is a real problem that family courts and law enforcement take very seriously. It sometimes takes law enforcement to arrest and charge a batterer with a domestic violence offense, or a victim to obtain a domestic …

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Male Victims of Domestic Violence Need Help Too

In Domestic Violence by Elizabeth Stephenson

  Contrary to popular belief, falling victim to domestic violence is not a gender exclusive experience. While it is true that the overwhelming majority of domestic violence victims are females, it does a tremendous disservice to ignore that many men are victims as well and deserve attention. According to the National Coalition Against Domestic Violence (NCADV), it is estimated that one in four men have been the victim of some form of intimate partner violence, while one in seven men have been the victim of “severe” physical violence by a partner. For anyone involved in a domestic violence relationship, it can be an incredible struggle to decide to seek help. This is because the power and control wheel creates an unhealthy balance of fear, love, self-doubt, helplessness, and dependence that …

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Children and Domestic Violence

In Domestic Violence, Parenting by Elizabeth Stephenson

Childhood should be a time of wonder, when the world seems big, new, and amazing. It should be a time of learning, of observation, and of exploration. Even more significantly, children have basic needs, which include stability, trust, and safety. Unfortunately, when children are exposed to domestic violence, all of these needs are sacrificed. Consider the following effects of violence on children. Domestic violence is dangerous to children. Even if the conflict is between the adults, they know it is happening. Children will hear the violence, see the violence, or even get caught in the crossfire. Any veteran child protection advocate can tell you stories of children getting injured trying to protect their victim parent, or of abusers attacking mothers while they hold their babies. In worst-case scenarios, children can …

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Guns and Domestic Violence

In Domestic Violence by Sarah Hink

Domestic violence is pervasive, terrifying, and deadly. In far too many violent relationships, the cycle of power and control ends in homicide of the domestic violence victim. The details and patterns of escalation that led to these homicides are horrific, and involve strangulation, lighting the victims on fire, knives, and vehicular homicide. However, in the overwhelming majority of these murders, the abuser used firearms to kill the victim. In 2016, the Associated Press conducted an analysis of homicide data across 49 states and determined that an average of 760 Americans are killed each year in gun violence by their intimate partners or former intimate partners. The vast majority of those killed by guns were girlfriends and wives of the perpetrators. The National Domestic Violence Hotline reports that firearms are used …