For many, the holiday season is a time of joy, family gatherings, and shared memories. However, this time of year can also be rife with challenges, especially for those dealing with forms of domestic violence. Studies and advocacy groups report an increase in incidents of domestic violence around the holiday…
North Carolina Statute § 50B-3.1 states that if an emergency or ex parte protective order is issued, and the abuse involves a deadly weapon or threat of a deadly weapon, the abuser must surrender their firearms, ammunition, and firearm permits. Knowing what qualifies as a deadly weapon is important, but…
Y Michael Yin, JD Hunter v. Hunter, 2024-NCCOA-______ (2024). Facts: In June 2023, a family dispute turned violent between the Plaintiff and the Defendant, his father. The altercation arose over a disagreement regarding the Plaintiff’s daughter attending bible school. During the argument, the Defendant struck the Plaintiff in the neck,…
Domestic violence is a severe offense. If you’ve been falsely accused by a spouse, partner, or household member, you must take the allegations seriously, even if you know you are innocent. What is Domestic Violence? Domestic violence includes a variety of threatening, harassing, or harmful behaviors committed against one of…
A Domestic Violence Protective Order (DVPO) can last up to one year in North Carolina. These protection orders can be filed against anyone you have a personal relationship with, and violations mean the other party can be arrested. DVPOs provide a much-needed layer of protection for divorcing spouses facing domestic…
Domestic Violence Protective Orders (DVPO) can be filed in North Carolina when you have a personal relationship with someone who is harassing, threatening, or committing another type of domestic violence against you. Which relationships are classified as personal relationships for this purpose? Divorce and Protective Orders Spouses and ex-spouses qualify…
If you are a victim of domestic violence in North Carolina, you may be able to file for a protective order. Domestic violence protective orders (DVPO; also called 50B orders) are court orders that prohibit an abuser from being near a victim. DVPOs provide a certain level of security if…
CHOCIEJ V. RICHBURG, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant dated. On May 31, 2021, there was a fight between the couple, and Defendant broke Plaintiff’s nose with his fists and/or forehead. Another fight broke out between the couple in the bedroom, wherein Defendant used his belt and household items, such…
Keenan v. Keenan, 2022-NCCOA-554, No. COA21-579 (Aug. 16, 2022) In August 2020, Plaintiff’s ex-husband came to Plaintiff’s house to cut her grass. Seems innocent enough, right? But Defendant ex-husband had a history of physically, verbally, and emotionally abusing Plaintiff, had been texting Plaintiff inappropriate things, had been told multiple times…
Plaintiff filed a complaint and motion for domestic violence protective order (DVPO) on March 12, 2021. When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened to use or actually used a firearm in the context of domestic violence. However, Plaintiff did describe instances of harassment. Additionally, when…