North Carolina Divorce Lawyers Blog

Articles Tagged with domestic violence

Published on:

By

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 early January, in which the father was arrested. When DSS spoke to Father and Mother after the incident, and both admitted to smoking marijuana, Father acknowledged he had mental health needs and that he had been in treatment for domestic violence through NOVA in the past. Mother said that she would have left Father if she had more family support. Father said he was willing to leave the family home. Father then agreed to go to Monarch for mental health assessment, and both parents agreed to submit to random drug screening. Continue reading →

Published on:

By

Hitchcock v. Rupert, 2022-NCCOA-268 (2022) (unpublished).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. Below is an example of conduct that rises to that level. Continue reading →

Published on:

By

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 like in opposite sex relationships, things can get scary. When that happens, when someone is threatening or stalking their ex, one would hope that an LGBTQ victim would be able to rely on the courts to protect them through a domestic violence protective order in the same way that a straight victim could. Until this year, however, that was not the case. Continue reading →

Published on:

By

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” of domestic violence has occurred. Below is such a case, where it was not a physical altercation but rather words that resulted in a trial on domestic violence. Continue reading →

Published on:

By

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 as a residence, and awards temporary custody of minor children to the nonoffending party. However, the 50B actions are only applicable to parties that are in a personal relationship, meaning spouses and former spouses, dating partners, current and former household members, parents, and a few other categories. The common thread is that there is personal and private history between the parties. Continue reading →

Published on:

By

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. Continue reading →

Published on:

By

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 violence perpetrated by someone with whom the complaining party has or had a personal relationship. However, even with recent amendments, the statute currently did not allow for a same-sex, non-married, couple to seek a DVPO if they did not reside together. Below is what could be a landmark case, declaring that the 50B statute is unconstitutional. Continue reading →

Published on:

By

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 on the domestic violence action only. Continue reading →

Published on:

By

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 for other reasons: they decide to reconcile; they find themselves in an adverse financial position; they reconcile for the children; or they lack sufficient evidence to prosecute the claim. What type of dismissal should you enter if you are the victim and find you need to file the dismissal before the hearing? Continue reading →

Published on:

By

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. Continue reading →