Serious Consequences for Domestic Violence in North Carolina

Article provided by The McClinton Law Group, PLLC. - North Carollina Criminal Defense Lawyer Visit us at www.gregoryandmcclinton.com

Last year, 131 people in North Carolina were killed at the hands of someone they loved or whose family they were a part of, according to North Carolina’s Attorney General. 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. Some are concerned, however, that stress about the faltering economy could lead to an increase in violent crime rates, particularly for domestic violence.

Under North Carolina law, domestic violence is defined as:

• Attempting to cause bodily injury
• Intentionally causing bodily injury
• Putting the victim or the victim’s family in fear of imminent serious bodily injury
• Continued harassment that rises to the level of stalking that inflicts substantial emotional distress
• Committing any act defined in statutes dealing with rape and other sex offenses.

The statute requires that the “aggrieved party” (victim) and the person committing the acts have a “personal relationship.” The definition of “personal relationship” is fairly broad and includes:

• Current or former spouses
• People of the opposite sex who are currently, or have, lived together
• Parents and children, or grandparents and grandchildren if the grandparents are serving as parents
• A couple that has a child in common
• Current or former household members
• People of the opposite sex who are or have been in a dating relationship.

A study done by the American Medical Association in 2002 found that having a permanent protective order resulted in an 80 percent reduction in reported physical abuse. Of the 131 homicides in North Carolina in 2008 attributable to domestic violence, only eight of the victims had taken out protective orders.

Under North Carolina law, a victim of domestic violence may seek protection from the court. These are civil orders (separate from the criminal court) and can limit contact between the alleged abuser and the victim or a minor child. They are also known as domestic violence restraining orders, “50B” orders (after the statute number), and DVPOs (Domestic Violence Protection Orders).

There are two types of protective orders. The first is an emergency order, which is valid for 10 days. To get an emergency order, there must be a danger of serious and immediate injury.

The second is a protective order and is valid for one year. The order may be renewed for another year. The protective order may include a variety of elements designed to prevent acts of domestic violence. Some of these elements may include granting one party exclusive use of the residence; awarding temporary custody of minor children; ordering a party to refrain from domestic violence or threatening, abusing or following the other party; or any other requirements the court deems necessary to protect the party or minor child.

Under some circumstances, when an emergency or protective order has been issued the court may require the defendant to surrender all guns, ammunition and permits to the sheriff.

Violating a protective order is a misdemeanor with a possible sentence of 60 days in jail; however, if the person has previously been convicted of violating protective orders twice before, it becomes a felony with a possible sentence of six months or more in jail. Also, any other crime that involves violating a protective order will carry a punishment of a felony one class higher.

Many acts of violence committed in a personal relationship are covered by laws that govern other criminal behavior between any two people. For example, assault and battery, trespass, stalking and harassing are misdemeanors that usually carry a maximum sentence of five months in jail and possibly a fine. Nonfatal strangulation, rape and other sexual offenses are felonies and carry more serious punishments, with a sexual offense with a child being in one of the highest (most serious) classes of felonies, carrying a possible sentence of life in prison without parole.

If you have been accused of domestic violence or are the victim of domestic violence, it is important that you seek the advice of an attorney experienced in this area of the law. The careful crafting of a protective order can potentially save lives. The counsel of a criminal lawyer who has defended other clients in similar situations can help you defend your rights.