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…
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…
M.E. v. T.J., ___ N.C. App. ___ (2020). Domestic Violence Protection Orders (DVPO) are under chapter 50B in North Carolina. They are sought by complaining parties when they are the victims of violence. But under this section, in order to seek a DVPO, a complaining party must first claim domestic…
In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction. Plaintiff Father claimed that an ex parte order established a “presumption” supporting a claim for domestic violence under N.C.G.S. § 50B. This article will focus…
Suppose you have filed a complaint requesting a domestic violence protective order against your partner, and before the return hearing required by law you decide that you want to dismiss the complaint. Victims of domestic violence sometimes dismiss claims out of fear of further harm or retaliation. Or they dismiss…
In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Jordao v. Jordao, No. COA19-858 (N.C. Ct. App.…
No. COA19-493 (unpublished) Plaintiff-Father Alex Harter and Defendant-Mother Hayley Eggleston were never married but are the parents of one child, born in 2010. Father and Mother lived together from December 2009 until separating in September 2012. Since separating in September 2012, disagreements regarding the minor child’s custody have resulted in…
As we proceed through the ongoing Coronavirus pandemic, domestic violence incidents have increased in North Carolina. Isolation and lockdown likely have exacerbated conditions that may have already been present in a rocky relationship. Financial woes and job losses have only added to the stress. Domestic violence and violence against intimate…
The Greensboro and High Point area is fortunate to be served by Family Service of the Piedmont, a local non-profit agency providing families and individuals affordable services in dealing with domestic violence, mental health, child abuse, and financial stability issues. Family Service of the Piedmont (FSP) offers services in court…
The ongoing coronavirus pandemic can add another disturbing statistic: domestic violence incidents have increased in North Carolina. Isolation and lockdowns likely have exacerbated conditions that may have been already present in a rocky relationship. Financial woes and job loss have only increased the stress. For some, these circumstances amounted to…