Archive

• Court of Appeals rules that denying domestic violence protection to persons in same-sex dating relationships is unconstitutional

  This entry was contributed by Cheryl Howell on January 5, 2021 at 5:52 pm and is filed under Domestic Violence.

  **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 Appeals regarding same-sex dating relationships undisturbed. M.E. v. T.J., _ N.C. _ (March 11, 2022), affirming as modified, 275 N.C. App. 528 (2020).

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• Domestic Violence: Any New Court Order Supersedes an Existing DVPO. What Exactly Does that Mean?

  This entry was contributed by Cheryl Howell on August 5, 2020 at 9:58 am and is filed under Domestic Violence, Family Law.

  S.L. 2019-168 amended GS 50B-7 to specify that “[a]ny subsequent court order entered supersedes similar provisions in protective orders issued pursuant to this Chapter.” The amendment applies to DVPOs in effect on or after December 1, 2019. Legislation was introduced during the last session of the NC General Assembly to narrow the category of superseding orders to only those orders entered in Chapter 50 And Chapter 110 cases, but neither bill was enacted. See SB 156 and HB 1097.

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• Domestic Violence Criminal Law and Procedure

  This entry was contributed by Cheryl Howell on September 13, 2017 at 9:00 am and is filed under Domestic Violence.

  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 violence cases, I began thinking about the ways that North Carolina criminal law addresses domestic violence. The North Carolina General Assembly has made numerous changes and additions in this area of criminal law, collected below. If I omitted some part of North Carolina criminal law involving domestic violence cases, please let me know.

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• Abuse, Neglect, Dependency Actions Automatically Stay Custody Claims in Civil Actions

  This entry was contributed by Sara DePasquale on March 27, 2015 at 5:00 am and is filed under Adoptions, Child Welfare Law, Family Law.

  The district court has exclusive, original jurisdiction over all abuse, neglect, and dependency (A/N/D) proceedings. When a court obtains that jurisdiction after an A/N/D petition has been filed by a county department of social services (DSS), “any other civil action in this State in which the custody of the juvenile is an issue is automatically stayed as to that issue, unless the juvenile proceeding and the civil custody action or claim are consolidated … or the court in the juvenile proceeding enters an order dissolving the stay.” G.S. 7B-200(c)(1).

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