Articles related to Domestic Violence

This post was written by Brittany Bromell. She can be contacted at bwilliams@sog.unc.edu. North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a […]

G.S. 50B-3(b) provides that, if requested to do so before a current domestic violence protective order (DVPO) expires, the trial court can renew the order for good cause for an […]

We have Chapter 50B authorizing civil domestic violence protective orders to protect victims of domestic violence and Chapter 50C authorizing civil no-contact orders to protect victims of sexual misconduct and […]

**After this entry was posted, the North Carolina Supreme Court affirmed the decision of the Court of Appeals in M.E. v. T.J. and left the holding of the Court of […]

Today’s post describes two unrelated but important developments in the area of family law. The first section of the post discusses legislative amendments to Chapter 50B regarding Domestic Violence Protection Orders that became effective December 1, 2019. The second section of the post discusses amendments to the Child Support Guidelines adopted by the Conference of Chief District Court Judges effective March 1, 2020 to bring North Carolina into conformity with federal child support regulations.

READ POST "Amendments to Chapter 50B and to the Child Support Guidelines (February 12, 2020)"

The North Carolina General Assembly recently made two important changes to Chapter 50B regarding civil domestic violence protective orders. S.L. 2017-92, “Domestic Violence Appeals and Modifications”, was effective October 1, 2017.

Written by School of Government faculty member John Rubin In getting ready for the North Carolina magistrates’ fall conference and a session that I’m teaching on issuing process in domestic […]

In my last post, Ex Parte DVPOs, I promised more on ex parte DVPOs. But the Court of Appeals issued an important decision this week on another aspect of Chapter 50B – the definition of ‘dating relationship’ – so I’ll come back to ex parte orders later.

By Guest Contributor, John Rubin*

Can the person protected by a DVPO be charged with violating the order?

Here’s a question I get occasionally: What language should I use to charge aiding and abetting a violation of a domestic violence protective order (DVPO)? Here’s a similar one: If someone is arrested for aiding and abetting a violation of a DVPO, is the person subject to the 48-hour pretrial release law for domestic violence offenses?

READ POST "Please Don’t Charge the Victim (May 6, 2015)"

It is not uncommon for persons under 18 to commit acts of domestic violence or need protection from domestic violence. Common questions that arise include:

• Can a minor be a defendant in a 50B proceeding?
• If so, how is the child served and what happens when the child violates the DVPO?
• Can a minor be a plaintiff?
• Does a minor need to be a plaintiff to be protected by a DVPO?