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Angela Haas
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Haas McNeil & Associates, P.A.

3200 Wake Forest Road
Suite 240
Raleigh, NC 27609
PH: 919-783-9669 
FAX: 919-783-7235 
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FAQs
Domestic Violence

What is domestic violence?
Domestic violence is any violent behavior used by one person in a relationship to control the other. Partners may be married or not married, living together, separated or dating. Violence can be criminal and includes: physical assault, sexual abuse, and stalking. Although emotional, psychological and financial abuses are not criminal behaviors, they are forms of abuse and can lead to criminal violence.

What steps should I take in filing a domestic violence claim?

  • Call the police for immediate help.
  • To charge the abuser with a crime, you will need to go to the Magistrate's Office. If possible, take evidence of being abused such as pictures or medical reports.
  • Protective Orders are legal ways to have the abuser stay away from you. You may be able to obtain temporary possession of your home and temporary custody of your children.
  • Contact a domestic violence attorney at Haas McNeil & Associates immediately. Your lawyer will advise you of your options and assist you in obtaining necessary legal documents, shelter, and/or counseling.

What are the different types of domestic violence?
Domestic violence may include:

  • assault
  • battery
  • defamation of character
  • false imprisonment
  • intentional, reckless, or negligent infliction of emotional distress
  • intentional interference with child custody, visitation, and/or a parent-child relationship
  • third-party negligence
  • infliction of a venereal disease
  • wrongful death

Are there any legal remedies for domestic violence?
Many states have elaborate laws designed to protect spouses from domestic violence by their spouses or other family members. A common remedy is for a court to issue a protective order ordering the alleged abuser to stop abusing. In addition, the orders often require the abuser to stay away from the victim, the victim's home, or place of work.

Will I win a child custody suit if I have filed a domestic violence claim? 
Possibly. Parents with a history of causing domestic violence may still be able to get custody by proving:

  • successful completion of a batterers intervention program,
  • non-abuse of drugs or alcohol, and
  • the best interests of the child require that parent to have custody because the other parent is absent, has mental illness that affects parenting, or abuses drugs or alcohol that affects parenting.

 


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