North Carolina Domestic Violence Laws
North Carolina's Attorney General Roy Cooper reports that 131 deaths in 2009 were the result of domestic violence. Of those deaths, 99 were women. Some of those deaths might have been prevented if perpetrators had been served with protective orders. A study by the American Medical Association in 2002 found that permanent protective orders reduced physical abuse by 80 percent. Only eight of the 131 North Carolina murder victims had taken out a protective order.
Domestic Violence Definition
Under North Carolina law, domestic violence is the attempt by one person to injure, stalk or rape another person with whom he has an intimate relationship.
Personal Relationship
A personal relationship in a domestic violence case includes current or former spouses, people of opposite sex who are or have lived together, parents and children, people of the opposite sex who are dating and a couple who have a child in common. Grandparents and grandchildren are considered in a personal relationship if the grandparents are serving as parents.
Protective Order
Domestic violence victims can petition the North Carolina courts for a protective order against the accused perpetrator. There are two types of protective orders. An emergency order is valid for 10 days and is granted for an individual who might be in danger of serious of immediate injury. A regular protective order is valid for one year and can be renewed. The one-year order often awards temporary custody of minor children or grants the victim exclusive use of the home.
Protective Order Violation
Violation of a protective order is a misdemeanor, punishable with up to 60 days in jail. The violation becomes a felony if the defendant has previously violated the order at least twice. A felony conviction can result in a jail sentence of six or more months in jail.
Acts of Violence
Domestic violence includes many crimes that can also be filed against those not in an intimate relationship. Those crimes include trespass, stalking, harassing, non-fatal strangulation, rape and sexual offenses.
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