North Carolina Divorce Lawyers Blog

Articles Tagged with 50B Protective Order

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Federal law prohibits someone who has a domestic violence restraining order filed against them from possessing a firearm if that restraining order includes a finding that they present a credible threat to the physical safety of an intimate partner or their child. The case of United States v. Rahimi explored whether such a provision can be enforced without violating an individual’s Second Amendment right. Continue reading →

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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. Continue reading →

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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 making that determination is not always easy. In general terms, a deadly weapon is any object that could cause death or severe harm. Items like guns, knives, baseball bats, and hammers would fall into this category, but what about other everyday items or household objects?

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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, causing him to fall to the ground and suffer a concussion. This incident occurred in the presence of the Plaintiff’s fiancé and daughter, who were seated in a nearby car.

Following the altercation, the Plaintiff filed a complaint seeking a domestic violence protective order. The court responded promptly by issuing an ex parte domestic violence protective order on the same day.

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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.

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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 violence.

If your DVPO is set to expire soon, you may be able to receive a renewal. A renewal can last up to two years, and you can continue to receive renewals as long as there is good cause for the DVPO to remain in place.[1] Continue reading →

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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? Continue reading →

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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 you are fearful that someone you have a close relationship with will try to harm you.

A DVPO can be filed during the divorce process as well, if one spouse harasses or threatens the other. A Greensboro divorce lawyer can help you obtain a domestic violence protective order. Continue reading →

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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 as a lamp, to hit Plaintiff. This caused black-eyes and bruising on Plaintiff. The police were called, but Defendant fled.

Eventually, the police arrested him in July 2021 and charged him with assault on a female. After the arrest, Defendant called Plaintiff’s work and reported that Plaintiff had wrongfully disclosed his confidential medical records to a third party. This resulted in Plaintiff’s termination by her employer. That same day, Plaintiff sought a Domestic Violence Protective Order (DVPO). At the hearing, there was ample evidence of the assaults and damage done to Plaintiff by the Defendant.

The trial court also took into consideration the time between the assaults and Plaintiff’s filing for the DVPO as well as the timing of the filing with her termination. In the trial court’s denial of a DVPO, it specifically noted that the court did not believe that Plaintiff would have sought a DVPO if she had not been terminated, essentially saying that the filing was in retaliation to Defendant’s whistleblowing. Plaintiff appealed. Continue reading →

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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 not to come to Plaintiff’s house, and wouldn’t leave even though Plaintiff told him to four times. That context makes the situation seem very different, doesn’t it? Plaintiff got so nervous about what Defendant might do that it gave her a panic attack, and she filed for a Domestic Violence Protective Order (DVPO). The DVPO was granted because the trial court found that Defendant placed “the aggrieved party or a member of [her] family or household in fear of imminent serious bodily injury or continued harassment, as defined in [N.C.G.S. §] 14-277.3A, that rises to such a level as to inflict substantial emotional distress.” (N.C.G.S. § 50B-1 (a)(2)) Continue reading →