Legal Actions You Can Take as a Victim of Domestic Violence

Call the police or sheriff for immediate help. If you think that you or your children are in immediate danger seek the help of law enforcement. The police will advise you of your options, will try to cool things down and will make an arrest if they witness a crime or have reason to believe that a crime took place. When the police believe that a criminal act of domestic violence has occurred they may take out a charge, even if the victim does not wish to press charges.

Criminal Action: Warrant. You may want to charge your partner with a crime such as "Assault on a Female" or "Communicating Threats." If you are able to do so, take witnesses or evidence of being abused such as pictures or medical reports when you go to file the charges at the court house. Be able to describe clearly and briefly what happened. If you feel that you are at risk of serious injury, ask that restrictions be placed on your partner.

Civil Action: Protective Order (50-B). Protective Orders are legal ways to have the abusive partner says away from you. You can obtain one under the North Carolina state statute with or without an attorney's help. If you can not afford an attorney you can seek help at your local legal aid society or if you do not want an attorney you may file for a "pro-se" protective order. To obtain a protective order you must explain to a clerk and later a judge that you were abused and are in serious risk of future violence. You might also be able to obtain temporary possession of your home and/or vehicle and temporary custody of your children. More information is available through an attorney, the Clerk's office or the Family Services Shelter.