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Link Share: Domestic Violence Resources – www.domesticshelters.org

Link Share: Domestic Violence  Resources – www.domesticshelters.org

  I don’t usually share links to my blog posts but this site has incredible resources to offer. It is not just about shelters. Anyone who is facing domestic violence should bookmark it. I’ll also add it to our web site. 23 Ways Survivors Can Collect Evidence of Abuse www.domesticshelters.org  ...

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The NC SAVAN Program: Statewide Automated Victim Assistance and Notification

The NC SAVAN Program: Statewide Automated Victim Assistance and Notification

The NC SAVAN Program: Statewide Automated Victim Assistance and Notification * Taken directly from the web site of the NC Department of Public Safety:  www.ncdps.gov/dps-services/victim-services/statewide-automated-victim-assistance-and-notification-savan  NC SAVAN, is a criminal justice information-sharing system that supports automated victim notification. NC SAVAN operates a 24-hour toll-free automated offender information and notification service. Individuals may call the toll-free number, 877-NC SAVAN, (877) 627-2826, to learn about an offender’s status, to register for offender notification or to learn about victim assistance resources in their area. Notifications are provided in English and Spanish and translation services are available in more than 100 languages relative to services provided by SAVAN. Once registered, users may receive offender notifications through automated telephone and e-mail notifications, or by downloading telephone applications. This service is meant to augment victim services offered by key...

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Domestic Violence Protective Orders in North Carolina

Domestic Violence  Protective Orders in North Carolina

Domestic Violence Protective Orders in North Carolina According to the NC Coalition Against Violence, there were 79 domestic violence homicides in NC in 2017. “On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million people.”  People with certain personal relationships may seek domestic violence protective orders (DVPOs). These include household members, parents of a child in common, spouses and former spouses, and others. DVPOs give law enforcement the ability to arrest a defendant if they have probable cause to believe he or she violated the order. Intentionally making a false statement to law enforcement that there is a DVPO when there isn’t one is a crime.  NC Gen. Stat. §50B-4.2. What Counts as Domestic Violence?    North Carolina law specifies three types of domestic violence which are summarized here. One is intentionally causing (or attempting to cause) bodily injury. Another is committing rape and/or sexual assault. The third type of domestic violence is placing a person in fear of imminent serious bodily injury, or continued harassment. As used here, harassment means it reaches a level so bad that it inflicts substantial emotional distress. This definition applies not only the victim, but also the victim’s family or household in some circumstances. Criminal statutes detail the harassment as conduct that is “directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose.” NC Gen. Stat. §14-277.3A.  What is a DVPO? A domestic violence protective order is awarded by a judge to protect a victim by prohibiting the defendant from assaulting, threatening, abusing, following, harassing (by telephone, visiting the home or workplace, or other means), or interfering with the victim and/or children who live with the victim. DVPOs can also order a defendant to stay away from the victim’s residence, school, place of employment and anywhere else that would be applicable. These are civil cases, not criminal in nature although the violation of a DVPO is a crime. As a separate matter, a defendant might also face criminal charges for assault on a female, battery, interference with a 911 call, child abuse or other charges.  Are There Other Remedies? DVPOs can also require the defendant to attend and complete an abuser treatment program or prohibit him or her from purchasing a firearm for a period of time. The court has the authority to award temporary possession of personal property, including a family pet. An emergency DVPO might be awarded before...

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Domestic Violence or Discipline?

Domestic Violence or Discipline?

Domestic Violence or Discipline? This is an interesting report about a man in Alabama who was jailed for domestic violence when he disciplined a child but he has now been vindicated. In NC, there are specific child abuse laws but the definition of “domestic violence” against a child is defined by NC Gen. Stat. §50B-1: (1) Attempting to cause bodily injury, or intentionally causing bodily injury; or (2) Placing the aggrieved party . . . in fear of imminent serious bodily injury or continued harassment . . . that rises to such a level as to inflict substantial emotional distress; or (3) Committing any act defined in G.S. 14-27.21 through G.S. 14-27.33 (sexual offenses). Laws change. This page is current as of June 29,...

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Permanent No-Contact Orders For Victims of Sexual Assault

Permanent No-Contact Orders For Victims of Sexual Assault

Permanent No-Contact Orders For Victims of Sexual Assault Although there are civil domestic violence protective orders and no-contact orders, NC has only recently created the third type of civil order of this nature, a permanent no contact order for sexual assault victims (NCSAV). All portions of this law, Session Law 2015-91, will be effective by December 1, 2015. A permanent NCSAV may be obtained when there is a conviction of certain sexual offenses specified by the NC General Statutes against a victim that occurred in NC. An adult may seek a NCSAV on behalf of a victim who has been declared incompetent, or a victim who is minor child (under age 18).  A NCSAV is permanent, and it remains in effect until the death of the defendant. This civil remedy is available only if the victim did not seek a NCSAV in the criminal case. The new law allows the victim to seek the NCSAV when there are “reasonable grounds exist for the victim to fear future contact” with the defendant. The filing fees paid to the court are waived. The evidence rules generally prohibit the defendant from questioning the victim about her prior sexual activity or reputation of the victim, although there are some exceptions. The judge can order the defendant: Not to contact the victim by phone, written communication, or electronic means. Not threaten, visit, assault, molest, harass, abuse, injure or otherwise interfere with the victim, including the victim’s place of employment. Not follow the victim, including at his or her workplace. Not enter or remain at the victim’s residence, school, place of employment, or other specified places at times when the victim is present.  The law specifically adds a “catch-all” remedy for a judge to deal with a case as he or she sees fit, giving the authority to “order other relief deemed necessary and appropriate by the court.” All state law enforcement agencies must enforce NCSAVs by arresting the defendant without a warrant where there is probable cause to believe the defendant knowingly violated the order. NCSAVs may be enforced by contempt powers of the court, which includes the possibility of incarceration, as well as through the criminal system as a Class A-1 misdemeanor. Amy A. Edwards is a family law attorney in Greenville, NC, certified by the NC State Bar Board of Legal Specialization as a Family Law Specialist, and is licensed only in NC. Laws change. ...

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