Know Your Legal Rights

A protection order (also called a restraining order) is a legal document that helps protect you from an abuser by legally restricting their ability to contact or come near you.

Types of Protection Orders in North Carolina:

• Domestic Violence Protective Order (DVPO): For current or former intimate partners
• Civil No-Contact Order: For other relationships (family, acquaintances)
• Emergency Protection Order: Temporary order available immediately

How to Get One:

1. Go to your local courthouse
2. Ask for domestic violence protection order forms
3. Fill out the paperwork (court staff can help)
4. File the forms with the clerk
5. Attend the hearing (usually within 10 days)

Important: Filing is free and you don't need a lawyer, though having one can be helpful.

Yes, in many cases. North Carolina law allows domestic violence survivors to terminate their lease early without penalty under certain circumstances.

Requirements:

• You must have a protection order, or
• Documentation from law enforcement, medical professional, or domestic violence counselor
• You must provide 30 days written notice to your landlord
• The abuse must have occurred within the last 90 days

What You Need to Do:

1. Gather required documentation
2. Write a formal notice to your landlord
3. Include a copy of your protection order or other documentation
4. Keep copies of everything for your records

Note: Some landlords may also change locks or allow early termination even without legal requirements. It's worth asking.

Domestic violence is a significant factor that courts consider when making custody decisions. The safety of children is the court's primary concern.

How Courts Consider Domestic Violence:

• History of violence against the other parent
• Risk to the children's safety
• Whether children witnessed violence
• Impact on children's wellbeing

Possible Outcomes:

• Supervised visitation for the abusive parent
• No overnight visits
• Restricted or no contact
• Required counseling or anger management

Documentation Helps:

• Police reports
• Medical records
• Protection orders
• Witness statements
• Photos of injuries

Remember: Family court decisions prioritize the best interests of the children.

Several programs provide financial assistance to domestic violence survivors to help with immediate needs and long-term stability.

Types of Financial Support:

• Crime Victims Compensation: Covers medical bills, counseling, lost wages
• Emergency Financial Assistance: Help with rent, utilities, food
• TANF (Temporary Assistance for Needy Families): Cash assistance for families
• SNAP (Food Stamps): Help with food costs
• Housing Assistance: Emergency housing, Section 8 vouchers

How to Apply:

• Contact your local domestic violence shelter or organization
• Visit your county Department of Social Services
• Apply for Crime Victims Compensation through the NC Department of Public Safety
• Speak with a victim advocate who can help navigate programs

Important: Many programs have specific eligibility requirements and time limits for applying.

You have important workplace protections under North Carolina law that can help you maintain employment while dealing with domestic violence.

Your Rights Include:

• Time off for court: Unpaid leave to attend court proceedings
• Protection from discrimination: Cannot be fired for being a DV victim
• Reasonable accommodations: Changes to work schedule or location for safety
• Privacy protections: Employer must keep DV-related information confidential

What You Can Request:

• Change in work schedule or location
• Transfer to a different department
• Change in phone number or email
• Enhanced security measures
• Time off for medical appointments or legal proceedings

Documentation May Be Required:

• Protection order
• Police report
• Documentation from medical professional or counselor

Tip: Consider speaking with HR or a trusted supervisor about safety planning at work.

Your medical records are protected by privacy laws and your abuser generally cannot access them without your permission.

HIPAA Privacy Protections:

• Healthcare providers cannot share your information without your written consent
• You can request that certain people not be given information
• You can request communications be sent to alternate addresses
• You have the right to restrict access to your records

Safety Steps You Can Take:

• Tell healthcare providers about your safety concerns
• Request a different address for medical bills and correspondence
• Ask that your abuser not be listed as an emergency contact
• Use a code word or password for phone inquiries
• Request that appointment reminders not be left on shared voicemail

Documentation of Abuse:

• Medical records can serve as evidence in legal proceedings
• Photos of injuries should be included in medical records
• Be honest with healthcare providers about the cause of injuries

Important: If you share insurance with your abuser, they may see claims information. Ask about options for confidential services.