Plaintiff filed a complaint and motion for domestic violence protective order (hereinafter “DVPO”) on March 12, 2021. When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened use or actually used a firearm in the context of domestic violence. However, Plaintiff did describe instances of harassment. Additionally, when…
Articles Posted in Domestic Violence
50B and Credibility
KEENAN V. KEENAN, 2022-NCCOA-554. Facts: Plaintiff and Defendant were divorced. In August of 2022, Plaintiff alleged that Defendant came to her home to cut some grass despite Plaintiff telling Defendant not to do so. Defendant then refused to leave the home when Plaintiff asked several times. It should be noted…
Domestic Violence and Termination of Parental Rights
In Re TB, 2022-NCSC-43. Facts: In January of 2019, Mecklenburg County DSS filed a petition alleging that the minor child in this action was neglected and dependent. They later moved her to foster care. The petition was initiated when police reported a domestic violence incident in the child’s home in…
Domestic Violence Harassment
Hitchcock v. Rupert, 2022-NCCOA-268 (2022) (unpublished). In North Carolina, domestic violence falls under Chapter 50B of the General Statutes. It serves to protect a party who is or was in a relationship with the perpetrator. Harassment can rise to a level where a domestic violence order of protection is proper.…
Protective Orders in Same-Sex Dating Relationships
Samantha S. Erks, JD Same-sex dating relationships are just like opposite-sex relationships in many respects: meeting, dating, and, hopefully, moving on to something deeper. Sometimes, however, just like in opposite sex relationships, same-sex relationships eventually do not work out. And sometimes, same-sex relationships REALLY do not work out and, just…
Harassment and Domestic Violence Protective Orders
Walker-Snyder v. Snyder, 2022-NCCOA-97 (2022) In North Carolina, domestic violence is not always caused by a physical act. Under the 50B statutes, actions that meet the definition of stalking can also result in the granting of a domestic violence protective order, even though the court must find that an “act”…
The No-Contact Order and Harassment
North Carolina’s statutes include a provision, chapter 50B, for an individual who is in a personal relationship to apply for a protective order. The name given is domestic violence protective order, and it is an Order of the court that accomplishes three things; the defendant must avoid certain acts, they…
Psychological Evaluations and the Coleman Murders
Matthew Taylor Coleman and his wife, Abby Coleman, were living a picturesque life in their Santa Barbara, California home with their two young children—Kaleo, a two-year-old boy, and Roxy, a ten-month-old girl— when events took a turn for the worse. While the family was packing for a camping trip, Matthew…
The 50C No-Contact Order and Harassment
In North Carolina, people who are in a personal relationship can apply for a protective order under chapter 50B of the statutes called domestic violence protective orders. This amounts to an Order of the court that directs the defendant to refrain from certain acts, excludes them from physical locations such…
Caitlyn’s Courage – Electronic Monitoring of Domestic Violence Abusers
Who was Caitlyn Whitehurst? Caitlyn Whitehurst was a resident of Pitt County, North Carolina. In May of 2019, Caitlyn’s ex-boyfriend Christopher Garris laid in wait outside Caitlyn’s family property, where he shot and killed her. After killing Caitlyn, Garris turned the gun on himself in a murder-suicide. What is Caitlyn’s…