In North Carolina, domestic violence laws apply to current and former spouses, household members, children, and persons who have a child in common. Any act in which the perpetrator intentionally causes or attempts to cause bodily injury or by threatening the use of force places a qualifying person in fear of “imminent serious bodily injury” constitutes domestic violence. North Carolina's domestic violence statutes also cover “continued harassment” through the use of emails, phone calls, and text messages if they serve only to terrorize the victim.
Obtaining A Protective Order (50-B)
If you are the victim of domestic violence and fear for you or your children’s safety, you may need to obtain a protective order, commonly referred to as a 50-B order. The first step is to file a complaint with the clerk of court or magistrate in the county in which you live. You must state the specific facts that constitute domestic violence and your relationship to the abuser. You may be able to obtain an ex parte temporary protective order that lasts up to 10 days to give time for the other party to be served with notice. Within 10 days, the court will schedule a hearing to determine whether to make the order permanent. A permanent protective order is valid for one year and automatically terminates unless you seek to have the order renewed.
Obtain Emergency Help
If you are in fear for you or your children’s safety, leave the house and get to a safe situation. Contact law enforcement and/or a domestic violence assistance organization. To report a domestic violence incident in progress, call 911.
The following resources are available in Mecklenburg and Cabarrus Counties:
- Battered Women’s Shelter and Hotline 704-332-2513
- Charlotte Mecklenburg Police Department Domestic Violence Unit 704-336-2379
- Greater Charlotte Hope Line 980-771-HOPE
- Mecklenburg County Community Help Center 704-336-3210
- Safe Alliance 24 hr hotline and shelter 704-332-2513
- Safe Alliance Domestic Violence Shelter 704-944-0169
- Mecklenburg County Department of Social Services 980-314-3577
- Cabarrus Victims Assistance Network (CVAN) – 704-788-1108 or 704-788-2826 (24 hr hotline)
If you do not have immediate safety concerns, it could be advantageous to consult with our attorneys prior to leaving, as there may be options available to protect yourself while you and your children remain in the home throughout the divorce process.
Contact the Law Office of Kelli Y. Allen, PLLC at (704) 870-0340 to learn more about your legal options.
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