North Carolina Divorce Lawyers Blog

Articles Tagged with domestic violence

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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.

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Plaintiff filed a complaint and motion for domestic violence protective order (hereinafter “DVPO”) on March 12, 2021.  When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened 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.

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KEENAN V. KEENAN, 2022-NCCOA-554.

Facts: Plaintiff and Defendant were divorced. In August of 2022, Plaintiff alleged that Defendant came to her home to cut some grass despite Plaintiff telling Defendant not to do so. Defendant then refused to leave the home when Plaintiff asked several times. It should be noted that Plaintiff communicated to Defendant that Plaintiff’s brother had already made plans to address the lawn. Plaintiff alleged that she was very afraid of Defendant due to his past acts of emotional/physical abuse and past text messages. A temporary ex parte domestic violence protective order (DVPO) was granted. At the return hearing, the trial court granted the DVPO against Defendant. Defendant argued that he had a reason to cut the grass, as he thought the long grass was dangerous and sought to protect the children and their best interests. Defendant appealed. Continue reading →

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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 →

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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 →

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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 →

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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 →

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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 →

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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 →

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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 →