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How does NC statute handle consistent verbal abuse?
Anonymous8 views1 answers
We are having a problem with my husband's ex-wife. We are unable to cease all contact since she has primary physical custody of his daughter, but every day her communications are verbally and emotionally abusive ("you're an a**hole, you're never going to get the father of the year award, I don't know why you try", etc.) and since she got primary custody it has escalated into a level of viciousness that makes contact with his daughter difficult. We have asked her repeatedly to stop, we have tried ignoring it, but nothing seems to have an effect. Obviously a no contact order would not work, but do the statues allow for domestic violence or harassment to apply? She refuses outside help, and we live out of state. What can we do?
Barbara Jane RynneDomestic Violence LawyerCharlotte, NC ·
You are definitely in a tough position! There are two "types" of Domestic Violence Protective Orders in NC, ones that do prohibit contact, and those that simply prohibit "any further acts of domestic violence or make any threats of domestic violence". N.C.G.S. 50B-1. Since it is already illegal to commit an act of domestic violence, or threaten an act of domestic violence, I dont really see any use in the DVPO's that do not prohibit contact. While you absolutely have a right to pursue one, I am not sure it will do what you want it to and that it's worth your time and effort.
As I said earlier, it is illegal to commit an act of domestic violence, or threaten an act of domestic violence. Included in that is harassment. Harassment includes, among other things, "using threatening language on the telephone", (14-196(a)(2) ); "repeated telephone calls to harass" (subsection (3)); and using profane or vulgar language (subsection (1)). All of those are class 2 misdemeanors, punishable by up to 60 days in jail, depending on the defendant's prior record level. You have a right to charge her with any of those subsections of the harassment statute. Bear in mind, however, that the DA's office bears the burden of proving those charges beyond a reasonable doubt. If you chose to go this route, I would strongly recommend recording some of the conversations and/or messages. Charging her will also require you to make at least one court appearance in NC.
Depending on the visitation/contact arrangement, you also have the option of filing something in family court, to prevent her from interfering with your husbands visitation and/or contact with the minor child. Potentially, she could be found in contempt of court, which is punishable by a fine of up to $500 and/or 30 days in jail.
None of these options are easily pursued by someone who is out of state, and all have the potential of escalating what sounds like an already bad situation. I would proceed cautiously, keeping your husbands daughters best interests at heart.
Good luck!
