Lawyers To Help You Through Domestic Violence Issues
Like every state in the U.S., domestic violence is frequently a component of divorce and dissolution of domestic relationships involving children in North Carolina. If your domestic relationship involves physical or emotional abuse, talk to an attorney at Coggin Law, PLLC, in Charlotte. For more than a decade, we have been helping clients resolve issues through skillful negotiation of Separation Agreements and every component of divorce.
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N.C.G.S §50B-1, also known as the Domestic Violence Act, defines domestic violence as follows:
- Attempting to cause bodily injury, or intentionally causing bodily injury; or
- Placing the aggrieved party, or a member of the aggrieved party's family or household, in fear of imminent bodily injury or continued harassment that rises to the level as to inflict substantial emotional distress; or
- Committing the criminal acts of first- and second-degree rape, and first- and second-degree sexual offense.
How is an abuser classified in North Carolina domestic relations law involving domestic violence?
The abusing person(s) must be:
- A current or former spouse;
- Of the opposite sex who live together or have lived together;
- Related as parents and children, grandparents and grandchildren. (A person cannot obtain a restraining order against a child or grandchild under the age of 16);
- Parties that have a child in common;
- Are current or former household members; or
- Are members of the opposite sex involved in a dating relationship; a casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.
How does domestic violence affect child custody and visitation?
North Carolina law provides that in certain circumstances, a person's domestic violence history may affect the custody or visitation rights of that parent, if it would be consistent with the best interests of the child. According to N.C.G.S. §50B-3(a1)(2), "For the purposes of determining custody and visitation issues, the court shall consider the following:"
- Whether the minor child was exposed to a substantial risk of physical or emotional injury or sexual abuse.
- Whether the minor child was present during acts of domestic violence.
- Whether a weapon was used or threatened to be used during any act of domestic violence.
- Whether a party caused or attempted to cause serious bodily injury to the aggrieved party or the minor child.
- Whether a party placed the aggrieved party or the minor child in reasonable fear of imminent serious bodily injury.
- Whether a party caused an aggrieved party to engage involuntarily in sexual relations by force, threat or duress.
- Whether there is a pattern of abuse against an aggrieved party or the minor child.
- Whether a party has abused or endangered the minor child during visitation.
- Whether a party has used visitation as an opportunity to abuse or harass the aggrieved party.
- Whether a party has improperly concealed or detained the minor child.
- Whether a party has otherwise acted in a manner that is not in the best interest of the minor child.