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Frequently Asked Questions About Domestic Violence

Read questions about domestic violence—and answers from Rice Law.

Q: Why should a victim of domestic violence have to take out warrants on the suspect after they leave the hospital?

My sister was beaten really badly by her boyfriend. He stole the car and her purse. She thought that after the police when took the report that warrants were taken out then, but they were not. (Clinton, NC)

A: She needs to go to the Clerk of Court and file a Complaint for a Domestic Violence Protective Order under Chapter 50B of our statutes. Make sure she meets the criteria to qualify. If she ever lived with him, she qualifies (but there are also other reasons to qualify). This is a civil action. Contact the police and find out if they have sufficient evidence to press criminal charges. If they do, they will obtain the warrants. If they don't think they have sufficient evidence, she can go to the magistrate and attempt to swear out a warrant. If the allegations would result in a felony, she may not be able to have the warrants done through the magistrate. Finally, if he has a significant net worth; consider an action in tort for assault and battery.

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Notice & Disclaimer: These questions were posted on Avvo, Lawguru, or a similar service. Some have been slightly altered to correct grammar while others are posted intact. This information has been posted for educational and informational purposes only. You should seek help from an attorney licensed to practice divorce and family law in the State of North Carolina because the facts of your particular situation may warrant a different answer. No attorney client relationship created through the use of this Web site. Information pertains to the State of North Carolina only.


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