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If you are the victim of domestic violence, or have been falsely accused of domestic violence, you need protection.  Domestic violence occurs when a victim is assaulted, harassed, threatened, stalked, or otherwise interfered with by an abuser.  Obtaining a domestic violence order of protection, or “restraining order” can keep you safe from your abuser and often affects custody rights.




With an Order for Domestic Violence Protection in place, an aggressor cannot contact their victim for up to one year.  Victims can be granted the shared home, child custody, child support, and attorney fees while abusers can’t go near the victim’s home or work, may be prohibited from owning a firearm, and may be evicted from the shared home. 


Domestic violence requires the existence of a personal relationship between the abuser and the victim. In North Carolina, a personal relationship is one where the parties involved:

  • Are current or former spouses;

  • Are currently in a romantic relationship or were in the past;

  • Currently live together or did in the past;

  • Are related as parent and child or as grandparent and grandchild;

  • Have a child in common; or

  • Are members of the same household or were at one time.


Under North Carolina General Statutes Chapter 50B, domestic violence occurs when there are two people in a personal relationship and one person commits any of the following against the other person or their child:


  • Intentionally causing or intending to cause bodily injury;

  • Committing sexual abuse, assault, or rape;

  • Placing the party or member of the family or household in fear of imminent serious bodily injury or continued harassment that rises to a level as to inflict substantial emotional distress.

If you are the victim of domestic violence or have been served with a complaint against you, it is important you talk to a lawyer to protect yourself and your rights.  At Gantt Family Law, our attorneys have experience helping victims of domestic violence in Wake County, Durham County, Orange County, and the surrounding areas.

Disclaimer:  Gantt Family Law’s legal articles and video blogs are for educational purposes only and are not offered to provide legal advice. By reading our legal articles and/or watching our video blogs, you understand that there is no attorney-client relationship created between you and Gantt Family Law.  Gantt Family Law’s legal articles and video blogs do not constitute legal advice. You should not act upon any information provided herein without seeking advice from a lawyer licensed in your own state or jurisdiction. These legal articles and vlogs should not be used as a substitution for competent legal advice from a licensed professional attorney in your jurisdiction.Any and all use of the legal articles and vlogs is at your own risk. The materials presented may not reflect the most recent legal developments, verdicts or settlements. Gantt Family Law is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.

Domestic Violence

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