How Domestic Violence Affects Custody and Divorce in North Carolina

Domestic violence has serious implications in North Carolina family law, especially when it comes to custody and divorce proceedings. At Batch, Poore & Williams, PC, we advocate for survivors and help families in Raleigh and Wake County protect their rights and safety during some of life’s most difficult moments.

What Constitutes Domestic Violence in NC?

Under North Carolina law, domestic violence includes physical abuse, threats, harassment, emotional abuse, and stalking by someone with whom the victim has a personal relationship, such as a spouse, former spouse, partner, or co-parent. The law also covers abuse of minor children in the home. Domestic violence can be a one-time event or a pattern of coercive behavior. Victims may suffer long-term trauma, and the impact on children who witness violence can be significant. Courts take these factors seriously when determining custody and marital dissolution.

Domestic Violence Protective Orders (DVPOs)

Also known as 50B orders, DVPOs are court orders that can provide temporary custody, exclude an abuser from the home, and establish no-contact provisions. These orders are crucial in helping survivors stay safe and establish a legal record of abuse. In Wake County, judges are often available to hear DVPO petitions on an emergency basis.

A DVPO can:

• Order the abuser to stay away from the victim and children;
• Grant temporary custody and possession of the family residence;
• Prohibit threats, harassment, and abuse;
• Require the abuser to attend treatment program;

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How Domestic Violence Impacts Custody Decisions

North Carolina courts prioritize the safety and well-being of children. If domestic violence has occurred, judges may:

• Grant sole custody to the non-abusive parent;
• Order supervised visitation;
• Require parenting classes or therapy;
• Prohibit overnight visits or certain forms of contact;

Courts will consider the frequency, severity, and recency of abuse when making custody decisions. The overarching goal is to protect the child from harm and provide a stable, nurturing environment. False allegations, on the other hand, can also harm a parent’s credibility—another reason to work closely with an experienced attorney.

Domestic Violence and Divorce Proceedings

In a Raleigh divorce involving abuse, a DVPO may influence:

• Spousal support or alimony decisions
• Possession of the marital residence
• Child custody schedules/visitation

Abuse may also affect mediation efforts. Victims of domestic violence are often exempt from mandatory mediation and may request that custody and divorce issues be addressed in court instead.

At Batch, Poore & Williams, PC, we understand that survivors need both legal advocacy and emotional support. We work to ensure that the legal system protects your rights and helps you move forward safely. If you are accused of or have committed an act of domestic violence, we will assist you in ensuring you receive fair treatment in your family law matter.

If you are experiencing domestic violence and need legal help, reach out to our trusted Raleigh team for immediate support and guidance. Your safety and your future are our priority.