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 prompted by the form AOC-CV-303 regarding whether Defendant had firearms and ammunition in his possession, Plaintiff noted that she was uncertain of how many or where Defendant kept his firearms and ammunition given the parties had been divorced since March of 2016. In addition to leaving the space blank on the form AOC-CV-303 as to whether the Defendant had a “pattern of threatened use of violence with a firearm against any persons,” Plaintiff also did not indicate that she wished the Court to prohibit Defendant from possessing or purchasing firearms.
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 must avoid specific locations (such as a the plaintiff’s home), and awards temporary custody of minor children to the nonoffending party. However, 50B actions are only applicable to parties that are in a personal relationship. That means spouses and former spouses, dating partners, current and former household members, parents, and a few more categories. The rule is that the parties share a personal history. Continue reading →
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 →