1. A Domestic Violence Order of Protection may not always provide the protection you need. This is especially true if you include the address of where you will be staying on the legal paperwork. It may be best to move to an unknown location to the abuser (without a protective order) versus putting the new address on a form when requesting this DVPO. When filing for a DVPO, you may be disclosing new information that could then put you or those who are with you in further harm’s way. Please remember: a piece of paper does not necessarily mean the police can instantly appear to assist or prevent violence should an altercation ensue.
2. Criminal Laws Continue to Apply. Even without a protective order, your significant other is still legally prohibited from assaulting you or communicating threats to you. Therefore, regardless of your relationship status of living situation, you can call the police to ask for assistance if you feel you are in harm’s way.
3. You have legal rights to address financial concerns, just not necessarily under the headline of “Domestic Violence.” Financial abuse is a common form of domestic violence that is not necessarily addressed well in the domestic violence order of protection statute (North Carolina General Statutes Chapter 50B). If your abuser controlled the finances as a means to assert power or control of you and your ability to live, you may be entitled to money and property through other North Carolina Family Law claims: Equitable Distribution, Interim Distribution, Postseparation Support, Alimony, and Child Support.
4. North Carolina has specific Landlord-Tenant laws that protect someone who has endured a domestic violence incident. More specifically, a landlord cannot terminate a lease, fail to renew a lease, refuse to enter into a rental agreement, or otherwise retaliate in a rental based substantially on a tenant or household member’s status as a domestic violence victim or survivor. This protection applies to a victim of sexual assault or stalking as well (which can be particularly helpful if the victim and abuser did not have an actual relationship prior to the violent incident). Evidence provided to the landlord of domestic violence, sexual assault, or stalking may include any of the following: (1) Law enforcement, court, or federal agency records or files; (2) Documentation from a domestic violence or sexual assault program; or (3) Documentation from a religious, medical, or other professional. Therefore, you do not necessarily need a Domestic Violence Order of Protection to protect your residence.
5. Just because the “law” does not define something as domestic violence, does not mean you are not a victim or survivor of domestic violence. Rather (as a compilation of various definitions) Domestic violence is the systematic pattern of aggressive behavior by which one person asserts power and control over another person, often by any means necessary. This can involve various forms of aggressive and controlling behavior, to include:
- Psychological, Mental and Emotional Abuse
- Coercion, Intimidation and Threats
- Physical Abuse
- Financial Abuse
- Isolation
- Use of pawns as tools to further goals, such as children
If you or someone you know is enduring a family law matter that involves Domestic Violence, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
