Divorce and Domestic Violence

October is National Domestic Violence Awareness Month. In his proclamation, the President called on all Americans to speak out against domestic abuse. We would like to take this opportunity to educate people about how domestic violence is addressed under Colorado law specifically and offer resources for survivors.

What Is Domestic Violence?

Domestic violence is typically associated with physical abuse, but it can take other forms as well.

Domestic violence is an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Furthermore, it “includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge.”

In other words, domestic violence can come in the form of physical abuse, threats of physical abuse, property damage or theft, stalking, harassment and more.

In addition, North Carolina law does not limit the definition of “intimate relationship” to married couples. It can also apply to divorced couples, couples in a dating relationship or formerly in a dating relationship, parents of the same child and more.

Protection Orders

North Carolina is serious about protecting victims of domestic violence. There are arrest rules, no-drop rules and other rules in place to protect victims.

One of those rules is that a mandatory protection order will be issued against the accused at the time of arraignment. This order can be bolstered to require the accused to vacate or stay away from the victim’s home, to avoid contact with the victim, to prohibit the possession of a gun, to prohibit drinking alcohol and more at the court’s discretion.

While protection orders are automatic in domestic violence arrest situations, victims can always request protection orders even if no charges against the other party have been filed.

If you or a loved one is considering a Domestic Violence action or Greensboro Divorce Lawyer contact Garrett, Walker, Aycoth, & Olson.