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Stopping the Beating in Your Relationship

Posted by Gregory Posch | May 09, 2019 | 0 Comments

Domestic abuse is sadly a common occurrence in many households across North Carolina (NC). The effects from domestic violence can be life changing and cause irreparable harm to the abused and their families. These harms include physical and mental abuse ranging from Post Traumatic Stress Disorder to homicide. 

According to the North Carolina Coalition Against Domestic Violence's (NCCADV) statistical data for domestic violence and sexual assault services utilized in NC, over 100,000 domestic violence calls were made between July 2015 to June 2016 for domestic violence services.[1] Out of these calls over 48,000 people were provided with domestic violence services.[2] Out of these people who received help, the largest age range needing services was between 26 and 40 years old with a staggering number of 16,728 people.[3]

The NCCADV statistics show that 22% of college woman reported physical abuse, sexual abuse and threats of physical violence in 2011.[4] Making matters worse, more than 40% of LGBTQ college students experienced inter-personal violence in 2014. In extreme cases and year after year, homicides occur from domestic violence. According to the NCCADV, 79 homicides occurred in the calendar year of 2017, 48 homicides occurred in 2018 and there are already 16 homicides for 2019 from January to April 20.[5] All these homicides occurred in our great state of NC.[6]

You DO NOT have to be a statistic. NC law allows for domestic violence victims in a personal relationship to obtain a protective order under NC General Statute (N.C.G.S.), Chapter 50B: Domestic Violence, also referred to as a 50B order. This law applies to parties who:

1) Are current or former spouses;

2) Are persons of opposite sex who live together or have lived together;

3) Are related as parents and children, including others acting in loco               parentis to a minor child, or as grandparents and grandchildren; 

4) Have a child in common;

5) Are current or former household members;

6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship.[7]

However, this is only a portion of the statute and in order to determine if you can obtain one of these 50B orders, it is always best to consult an attorney. If you cannot afford an attorney, Legal Aid of NC is always a great resource to stop the abuse. You can call NC Legal Aid for help at 1-866-219-5262.[8]

In addition to obtaining protection from this law, you may even be availed to an intentional tort action for assault and battery. Under this action, you may be availed to punitive damages through N.C.G.S. Chapter 1D due to the defendant's willful and wanton conduct. However, it is always best to consult an attorney as with the 50B order to determine the potential claims and aspect from the facts of your case.

At Posch Law Firm, we DO NOT condone or support domestic violence and support YOU putting a stop to wrongful, intentional and hurtful conduct such as mental and physical abuse. If you think you have been a victim of domestic violence and want to put a stop to the abuse, we encourage you to reach out to Posch Law Firm at (910) 460-0100 or visit our website at www.poschlaw.com. 

[1]North Carolina Coalition Against Domestic Violence, NC Council for Woman 2015-2016 report, https://ncdoa.s3.amazonaws.com/s3fs-public/cfw/documents/July2015-June2016DV_SAYearlyData.xlsx.

[2] Id.

[3] Id.

[4] North Carolina Coalition Against Domestic Violence, NC Statistics o Domestic Violence, https://nccadv.org/domestic-violence-info/nc-stats.

[5] North Carolina Coalition Against Domestic Violence, January 1- December 31, 2017 (79 Homicides), https://nccadv.org/homicides-2017; North Carolina Coalition Against Domestic Violence, NC Homicides in NC, https://nccadv.org/domestic-violence-info/homicides/13-resources/199-domestic-violence-homicides-in-north-carolina-2018; North Carolina Coalition Against Domestic Violence, January 1 – April 20, 2019, https://nccadv.org/domestic-violence-info/homicides/homicides-2019.

[6] Id.

[7] N.C. Gen. Stat. § 50B-1.

[8] Legal Aid of North Carolina, http://www.legalaidnc.org/dd.

About the Author

Gregory Posch

Military Service Gregory is a proud veteran of the United State Air Force. He served our country between 2008 to 2014. During his time in service, he earned two (2) Associates in Applied Science degrees from the Community College of the Air Force and his Bachelor of Science in Aeronautics from ...

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