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Domestic violence - how can a lawyer help?
Domestic violence is a serious matter and rarely looks like it does in most movies and TV shows. The abuse often begins petty and escalates as the abuser exerts more and more control over the victim's life. Victims often feel trapped in their situation for reasons such as concern for the welfare of their children, lack of access to money and other resources, and fear of worse abuse and violence if they try to leave.
No matter how bad your situation has gotten, there is a way out, and an experienced lawyer can help you take the first step. In this article, we will discuss how North Carolina law treats domestic violence and explain how a lawyer can help if you or someone you love is suffering from domestic violence.
Domestic violence is a criminal act that carries serious consequences. Accusations and charges of domestic violence can ruin a person's career and relationships and take away his or her freedom, so every allegation of domestic violence should be taken seriously and investigated thoroughly. Organizations that support victims of domestic violence have raised awareness of the different types of abuse that often accompany physical violence or threats of abuse, and victims now have more resources than ever.
However, one effect of this increased awareness is that people sometimes equate acts such as verbal abuse and financial abuse (taking over the victim's finances to exert control) with domestic violence. This type of abuse often accompanies domestic violence and can cause a great deal of harm. However, verbal abuse and other controlling behaviors by themselves do not necessarily meet the definition of domestic violence under North Carolina law.
Under North Carolina law, domestic violence occurs when someone has a personal relationship with another person and commits one of the following acts against that person or their child:
- Intentionally causing injury or attempting to do so
- Committing any sexual offense, including rape
- Threatening serious bodily harm or creating fear of such harm
- Engaging in harassment to the point that it causes significant emotional stress
It should be noted that while North Carolina's definition of domestic violence focuses on acts of physical violence, non-physical acts can also meet the definition, especially if they pose a significant threat or fear of physical violence.
Domestic violence requires the existence of a personal relationship between the perpetrator and the victim. North Carolina considers a relationship personal when the individuals involved:
- Are they current or former spouses?
- Are you currently in an emotional relationship or in the past?
- Currently living together or have lived together in the past
- Are related as parent and child or as grandparent and grandchild
- Have a child together
- Are members of the same household or were at the same time
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