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Divorce Attorneys / Family Lawyers Raleigh North Carolina

Raleigh NC divorce attorneys report: Know your legal rights with domestic violence

03/01/2010

Leading North Carolina divorce lawyers, Gailor, Wallis, and Hunt, (www.gailorwallishunt.com) report a Charlotte-Mecklenburg policeman was charged with assaulting his wife, according to the Charlotte Observer, February 18, 2010. The importance of knowing one's legal rights is crucial in the case of domestic violence in the home. If placed in a position where a marriage partner tries to dominate you emotionally or becomes physically abusive, it is a case of domestic violence.

The police officer, Timothy Gerald, reportedly "struck his wife in the chest and face with his hand and knee during Wednesday's alleged assault". Gerald, who had been on the police force since 1993, turned himself into the police station after investigators established that there was probable cause that he assaulted his wife. Gerald currently holds custody of the couple's child. It was not known if the either party had an attorney, although the couple has been separated for a year. According to a fact sheet published by the National Coalition Against Domestic Violence (NCADV) (see www.ncadv.org) in each of the last three years, there were more than 70 incidences of domestic violence homicides. In five of the six years from 1997 to 2002, North Carolina has been in the top ten states in homicide rates for females murdered by males. According to the NC Department of Health and Human Services, in North Carolina 1 in 5 women have been sexually assaulted at some point in their lives.


Often, in domestic violence cases, the violence by one spouse against the other has major legal implications in custody, child support and alimony issues when separation and divorce are the only solution to protect yourself and your children and end the chain of violence. In the court system, there are two ways to handle a domestic violence case- civilly or criminally. As a victim of abuse, it is important to find an attorney knowledgeable in domestic violence issues to inform you about civil and/or criminal options available against an abuser. The most important objective is to protect yourself and your children from the abusive partner. Under Chapter-50 of the NC General Statutes, a victim of domestic violence has the legal right to seek a domestic violence protective order (DVPO), which prevents contact of the abuser with the victim or children except under very limited circumstances permitted by the court.

Domestic violence in North Carolina is a tragic and traumatic occurrence that occurs across all demographic categories and can change the lives of spouses and children forever. Working to change your life and remove yourself from a violent relationship can be a confusing and difficult time. It is important that you know your legal rights and have the right team to help you initiate the appropriate actions.

North Carolina divorce attorneys Stephanie Jenkins (www.gailorwallis.com/sjenkins.html) and Stephanie Gibbs (www.gailorwallis.com/sgibbs.html)  of the Raleigh law firm of Gailor, Wallis and Hunt, have dedicated their lives to being advocates for the rights of victims of domestic violence and are dedicated not only to assisting them in dealing with acts of domestic violence in the court system but to obtain a fair and equitable resolution of related issues such as custody, child support and alimony in light of the fact that domestic violence has occurred. GWH offers knowledge, skill and experience in the many areas of family law that is second to none.


Gailor, Wallis & Hunt
Raleigh Family Law Firm
 1-866-362-7586  
www. gailorwallishunt.com

 



Tags: domestic violence cases, national coalition against domestic violence, north carolina divorce, separation and divorce,