At Hardin Law Firm PLLC in North Carolina, we often see how the conflicts that lead to divorce could also lead to physical violence. But, you could be in a situation where your spouse’s anger has led him or her to falsely accuse you of violence.
If you find yourself in court facing domestic violence charges, it could put you at an extreme disadvantage for the rest of your divorce process. Here is what the law says about domestic violence in North Carolina.
Definition
According to North Carolina statute § 50B-1, actual physical injuries one spouse causes the other are domestic violence unless they happen as a result of self-defense. The sexual offenses defined in NC statutes §14-27.21 through §14-27.33 also fall under the definition of domestic violence.
However, your spouse does not have to prove that you injured him or her. The judge only needs to believe that you are guilty of trying to physically harm someone you live with or that you have or had a relationship with. So, your spouse could say that your actions or words caused him or her to fear that you would cause harm, and the fear was strong enough to cause him or her serious emotional distress.
Consequences
You may face a number of consequences if the judge decides you are guilty of domestic violence. It is likely your spouse will receive a protective order against you, in which case either you will not be able to go home, or you may instead have to pay for a place for your spouse to stay. The judge may also order you to pay spousal support.
More information about domestic violence allegations during divorce is available on our webpage.