North Carolina Divorce Lawyers Blog

Articles Tagged with 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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Nobody gets married thinking they will one day be sitting in a courtroom, arguing over who is better fit to take care of the kids. However, in cases where relationships fail, family courts focus primarily on determining which parent can truly give their children a secure and stable home. Continue reading →

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There are numerous factors courts must consider when making custody and visitation determinations, but the preeminent factor is the best interest of the child. In some cases, courts may weigh the child’s preference as part of their overall considerations, but this is handled on a case-by-case basis. The child’s age, maturity, and ability to understand the implications of such a decision may impact a court’s willingness to consider the child’s preferences. 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 Statute § 50B-3.1 states that if an emergency or ex parte protective order is issued, and the abuse involves a deadly weapon or threat of a deadly weapon, the abuser must surrender their firearms, ammunition, and firearm permits. Knowing what qualifies as a deadly weapon is important, but making that determination is not always easy. In general terms, a deadly weapon is any object that could cause death or severe harm. Items like guns, knives, baseball bats, and hammers would fall into this category, but what about other everyday items or household objects?

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