North Carolina Divorce Lawyers Blog

Articles Posted in Domestic Violence

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By Carolyn J. Woodruff, JD, CPA, CVA

The new film Michael has renewed public interest in one of the most influential entertainers in history. Audiences will undoubtedly leave theaters talking about the music, the performances, and the controversies that surrounded Michael Jackson’s life. As an experienced family lawyer in the Triad, Greensboro, and Guilford County, I was inspired by the movie to write this blog about domestic violence. Continue reading →

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Domestic violence is not always physical. Sometimes domestic violence takes the form of repeated threats and unwanted messages that leave another person feeling terrified for their life. Continue reading →

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Domestic violence is a serious matter, and protective orders are a critical legal instrument for safeguarding the most fundamental rights of individuals. While protective orders are common, issuing them still requires following a procedure that must meet strict legal standards if the order is to stand on appeal. Continue reading →

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Anyone who suspects that a child is being abused or neglected can make a report to the Department of Social Services or Child Protective Services in North Carolina. This system is intended to protect children and ensure they have safe caregivers and homes. If a report is determined to be unfounded, it means that an investigation found no evidence of the reported neglect or abuse. Continue reading →

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North Carolina domestic violence charges can be filed against someone who has used or tried to use physical force against someone they have or have had a close personal relationship with. Not every relationship is included in General Statute Section 14-32.5, but charges can be filed if the abuser is one of the following:

  • A current or former spouse, guardian, or parent of the victim
  • A parent to a child shared by the victim
  • Someone who has or is cohabiting with the victim as a spouse, guardian, or parent
  • Someone currently or previously in a dating relationship with the victim

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North Carolina’s domestic violence law has undergone changes in recent years, expanding the types of qualifying relationships and the list of people who can be charged. Previously, the law limited domestic violence charges in relationships to a man who assaulted his female partner. If a woman was found guilty of a similar act of violence, she would likely face simple assault charges, which often carried lesser penalties. The state’s updated legislation encompasses broader definitions of who can be charged with domestic violence. Continue reading →

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Federal law prohibits someone who has a domestic violence restraining order filed against them from possessing a firearm if that restraining order includes a finding that they present a credible threat to the physical safety of an intimate partner or their child. The case of United States v. Rahimi explored whether such a provision can be enforced without violating an individual’s Second Amendment right. Continue reading →

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For many, the holiday season is a time of joy, family gatherings, and shared memories. However, this time of year can also be rife with challenges, especially for those dealing with forms of domestic violence. Continue reading →

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North Carolina law states that custody of a child may be granted jointly to both parents or exclusively to one parent, but how is that decision made in custody cases? All North Carolina orders for custody must be based on what arrangement will promote the best interest and welfare of the child.

While custody cases in the past used to favor the mother based on the since-abolished tender years doctrine, current custody matters do not give automatic preference to one parent over another. Instead, courts must consider relevant factors like the child’s safety.

Aguilar v. Mayen

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Parents have a protected right to care for their children in North Carolina, and that right affords them some significant protections when it comes to custody and visitation. For instance, third parties like grandparents can seek visitation and custody only in very limited circumstances.

However, when parents are involved in custody disputes, courts may limit or altogether deny visitation to a mother or father. Every North Carolina custody determination is based on one core principle: the best interests of the child. If a court believes that not having visitation with one parent is best for the child, then the court order will reflect that decision. Continue reading →

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