Legal Issues Associated with DV &  SA
 
 This page gives general information concerning the legal options available to victims of Domestic Violence and/or Sexual Assault. 
IF YOU ARE A VICTIM, please look under Information for Victims on the side menu for additional information and resources.
 
DANA Services provides legal/court advocacy for our clients.  The services we provide include, but are not limited to, the following:
  • Information regarding reporting of crimes
  • Information regarding the justice system
  • Referrals to legal representation
  • Assistance in filling out legal paperwork
  • Aid with Crime Victim's Compensation Program
  • Court Accompaniment
 Remember:  YOU ARE NOT ALONE!
We are here to help and support you through the legal process.
 
Possible Legal Options for Victims of Domestic Violence
 
Some of the possible legal options available to DV victims are listed here below.  This list is for reference only and is not intended to be all-inclusive.  We encourage victims to seek help, either from our agency or other resources, to aid them with the legal process and to seek proper legal representation.
 
Restraining & Protection Orders
  • Ex Partee Order:  a temporary protection order that is issued to protect a victim until they can go in front of a judge 
  • 50B, Restraining order, or DVPO (Domestic Violence Protection Order):  these are civil orders that are granted by a judge that limits the contact a person may have with a victim when there is or has been a personal/dating relationship.
You will be responsible for representing yourself in court at the 50B hearing unless you hire a private attorney.
  • 50C Restraining order:  these are civil orders that are granted by a judge that limits the contact a person may have with a victim when there has been NO personal or dating relationship.

Criminal Charges
Criminal Charges are filed separately from protection orders and must be filed with a magistrate

Domestic Violence
Assault on a Female
  1. Communicating Threats
  2. Trespassing
  3. Assault with a deadly weapon
  4. Assault in front of a minor child
  5. Strangulation
  6. Violation of a DVPO (Domestic Violence Protection Order)
  7. Stalking
Sexual Assault
Rape 1st Degree (Rape with injury)
  1. Rape 2nd Degree (Rape without injury)
  2. Sexual Battery 1st Degree sexual offense
  3. Sexual Battery 2nd Degree sexual offense
  4. Statutory Rape- Rape of a person 13, 14, 15 years of age
  5. Forcible Sexual offense
  6. Indecent liberties with a minor
These are a few of the more common charges associated with Domestic Violence & Sexual Assault crimes but this list is not all-inclusive.  Other charges may be filed depending upon the circumstances of the crime committed. 

Additional Resources:
 
Legal Aid of the NC
828-264-5640 or 800-849-5666
www.legalaidnc.org
 
Statewide Automated Victim Assistance & Notification
1-877-NCSAVAN
www.ncsavan.org
 
Crime Victim's Compensation Program
1-800-826-6200
www.nccrimecontrol.org
 
N.C. Magistrates Association
www.aoc.state.nc.us/magistrate/50B