Domestic Abuse

Domestic Violence

In North Carolina, domestic violence claims can apply to married, separated, divorced, and non-married couples. NC Gen. Statute 50-B allows domestic violence victims to seek an order of protection. Actions can only be filed against persons with whom the victim has, or has had, a family-type of relationship (e.g.; current or former spouse, persons of the opposite sex with whom you've had a live-in relationship, parent, etc.) Criminal actions are often initiated by the state of North Carolina on behalf of the victim in conjunction with the domestic violence claim. Warren & Warren, P.A. can assist with those that initiate a legitimate, justified claim or defend those whom these claims have been filed against. The North Carolina domestic violence statutes cover the following acts: (i) attempting or intentionally causing bodily injury; (ii) placing another person in fear of immediate and serious bodily harm; (iii) continued harassment that causes substantial emotional distress; or (iv) committing a sexual offense against the aggrieved party or the aggrieved party’s minor child.

Intentional Infliction of Emotional Distress

In North Carolina, a party is liable for intentional infliction of emotional distress where you can prove: (i) the defendant engaged in extreme and outrageous conduct; (ii) the conduct was intended to cause severe emotional distress to you; (iii) the defendant’s conduct did in fact cause severe emotional distress to you. Because the plaintiff has to prove intentional actions, the defendant is liable for injuries proximately caused by the conduct, regardless of whether the defendant could have foreseen these injuries. It must be emphasized that the conduct of the defendant must be more than simply bothersome, insulting, or offensive. The effect on the plaintiff must also be extreme and so severe as to have a disabling effect on the plaintiff. To prove this effect would likely require expert testimony by trained professionals to prove a severe, disabling emotional or mental condition. Proving this action requires the plaintiff to meet a very high burden of proof and cannot simply be proven by a showing of temporary anxiety, fear, or disappointment.