State Codes and Statutes

Statutes > North-carolina > Chapter_50B > GS_50B-3

§ 50B‑3.  Relief.

(a)        If the court,including magistrates as authorized under G.S. 50B‑2(c1), finds that anact of domestic violence has occurred, the court shall grant a protective orderrestraining the defendant from further acts of domestic violence. A protectiveorder may include any of the following types of relief:

(1)        Direct a party torefrain from such acts.

(2)        Grant to a partypossession of the residence or household of the parties and exclude the otherparty from the residence or household.

(3)        Require a party toprovide a spouse and his or her children suitable alternate housing.

(4)        Award temporarycustody of minor children and establish temporary visitation rights pursuant toG.S. 50B‑2 if the order is granted ex parte, and pursuant to subsection(a1) of this section if the order is granted after notice or service ofprocess.

(5)        Order the evictionof a party from the residence or household and assistance to the victim inreturning to it.

(6)        Order either partyto make payments for the support of a minor child as required by law.

(7)        Order either partyto make payments for the support of a spouse as required by law.

(8)        Provide forpossession of personal property of the parties, including the care, custody,and control of any animal owned, possessed, kept, or held as a pet by eitherparty or minor child residing in the household.

(9)        Order a party torefrain from doing any or all of the following:

a.         Threatening,abusing, or following the other party.

b.         Harassing the otherparty, including by telephone, visiting the home or workplace, or other means.

b1.       Cruelly treating orabusing an animal owned, possessed, kept, or held as a pet by either party orminor child residing in the household.

c.         Otherwiseinterfering with the other party.

(10)      Award attorney's feesto either party.

(11)      Prohibit a party frompurchasing a firearm for a time fixed in the order.

(12)      Order any party thecourt finds is responsible for acts of domestic violence to attend and completean abuser treatment program if the program is approved by the Domestic ViolenceCommission.

(13)      Include anyadditional prohibitions or requirements the court deems necessary to protectany party or any minor child.

(a1)      Upon the request ofeither party at a hearing after notice or service of process, the court shallconsider and may award temporary custody of minor children and establishtemporary visitation rights as follows:

(1)        In awarding custodyor visitation rights, the court shall base its decision on the best interest ofthe minor child with particular consideration given to the safety of the minorchild.

(2)        For purposes ofdetermining custody and visitation issues, the court shall consider:

a.         Whether the minorchild was exposed to a substantial risk of physical or emotional injury or sexualabuse.

b.         Whether the minorchild was present during acts of domestic violence.

c.         Whether a weapon wasused or threatened to be used during any act of domestic violence.

d.         Whether a partycaused or attempted to cause serious bodily injury to the aggrieved party orthe minor child.

e.         Whether a partyplaced the aggrieved party or the minor child in reasonable fear of imminentserious bodily injury.

f.          Whether a partycaused an aggrieved party to engage involuntarily in sexual relations by force,threat, or duress.

g.         Whether there is apattern of abuse against an aggrieved party or the minor child.

h.         Whether a party hasabused or endangered the minor child during visitation.

i.          Whether a party hasused visitation as an opportunity to abuse or harass the aggrieved party.

j.          Whether a party hasimproperly concealed or detained the minor child.

k.         Whether a party hasotherwise acted in a manner that is not in the best interest of the minorchild.

(3)        If the court awardscustody, the court shall also consider whether visitation is in the bestinterest of the minor child. If ordering visitation, the court shall providefor the safety and well‑being of the minor child and the safety of theaggrieved party. The court may consider any of the following:

a.         Ordering an exchangeof the minor child to occur in a protected setting or in the presence of anappropriate third party.

b.         Ordering visitationsupervised by an appropriate third party, or at a supervised visitation centeror other approved agency.

c.         Ordering thenoncustodial parent to attend and complete, to the satisfaction of the court,an abuser treatment program as a condition of visitation.

d.         Ordering either orboth parents to abstain from possession or consumption of alcohol or controlledsubstances during the visitation or for 24 hours preceding an exchange of theminor child.

e.         Ordering thenoncustodial parent to pay the costs of supervised visitation.

f.          Prohibitingovernight visitation.

g.         Requiring a bondfrom the noncustodial parent for the return and safety of the minor child.

h.         Ordering aninvestigation or appointment of a guardian ad litem or attorney for the minorchild.

i.          Imposing any othercondition that is deemed necessary to provide for the safety and well‑beingof the minor child and the safety of the aggrieved party.

If thecourt grants visitation, the order shall specify dates and times for thevisitation to take place or other specific parameters or conditions that areappropriate. A person, supervised visitation center, or other agency may beapproved to supervise visitation after appearing in court or filing anaffidavit accepting that responsibility and acknowledging accountability to thecourt.

(4)        A temporary custodyorder entered pursuant to this Chapter shall be without prejudice and shall befor a fixed period of time not to exceed one year. Nothing in this sectionshall be construed to affect the right of the parties to a de novo hearingunder Chapter 50 of the General Statutes. Any subsequent custody order enteredunder Chapter 50 of the General Statutes supersedes a temporary order issuedpursuant to this Chapter.

(b)        Protective ordersentered pursuant to this Chapter shall be for a fixed period of time not toexceed one year. The court may renew a protective order for a fixed period oftime not to exceed two years, including an order that previously has beenrenewed, upon a motion by the aggrieved party filed before the expiration ofthe current order; provided, however, that a temporary award of custody enteredas part of a protective order may not be renewed to extend a temporary award ofcustody beyond the maximum one‑year period. The court may renew aprotective order for good cause. The commission of an act as defined in G.S.50B‑1(a) by the defendant after entry of the current order is notrequired for an order to be renewed. Protective orders entered, includingconsent orders, shall not be mutual in nature except where both parties file aclaim and the court makes detailed findings of fact indicating that bothparties acted as aggressors, that neither party acted primarily in self‑defense,and that the right of each party to due process is preserved.

(c)        A copy of any orderentered and filed under this Article shall be issued to each party. Inaddition, a copy of the order shall be issued promptly to and retained by thepolice department of the city of the victim's residence. If the victim does notreside in a city or resides in a city with no police department, copies shallbe issued promptly to and retained by the sheriff, and the county policedepartment, if any, of the county in which the victim resides. If the defendantis ordered to stay away from the child's school, a copy of the order shall bedelivered promptly by the sheriff to the principal or, in the principal'sabsence, the assistant principal or the principal's designee of each schoolnamed in the order.

(c1)      When a protectiveorder issued under this Chapter is filed with the Clerk of Superior Court, theclerk shall provide to the applicant an informational sheet developed by theAdministrative Office of the Courts that includes:

(1)        Domestic violenceagencies and services.

(2)        Sexual assaultagencies and services.

(3)        Victims'compensation services.

(4)        Legal aid services.

(5)        Addressconfidentiality services.

(6)        An explanation ofthe plaintiff's right to apply for a permit under G.S. 14‑415.15.

(d)        The sheriff of thecounty where a domestic violence order is entered shall provide for promptentry of the order into the National Crime Information Center registry andshall provide for access of such orders to magistrates on a 24‑hour‑a‑daybasis. Modifications, terminations, renewals, and dismissals of the order shallalso be promptly entered.  (1979, c. 561, s. 1; 1985, c. 463; 1994, Ex. Sess.,c. 4, s. 2; 1995, c. 527, s. 1; 1995 (Reg. Sess., 1996), c. 591, s. 2; c. 742,s. 42.1.; 1999‑23, s. 1; 2000‑125, s. 9; 2002‑105, s. 2; 2002‑126,s. 29A.6(b); 2003‑107, s. 2; 2004‑186, ss. 17.3‑17.5; 2005‑343,s. 2; 2005‑423, s. 1; 2007‑116, s. 3; 2009‑425, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50B > GS_50B-3

§ 50B‑3.  Relief.

(a)        If the court,including magistrates as authorized under G.S. 50B‑2(c1), finds that anact of domestic violence has occurred, the court shall grant a protective orderrestraining the defendant from further acts of domestic violence. A protectiveorder may include any of the following types of relief:

(1)        Direct a party torefrain from such acts.

(2)        Grant to a partypossession of the residence or household of the parties and exclude the otherparty from the residence or household.

(3)        Require a party toprovide a spouse and his or her children suitable alternate housing.

(4)        Award temporarycustody of minor children and establish temporary visitation rights pursuant toG.S. 50B‑2 if the order is granted ex parte, and pursuant to subsection(a1) of this section if the order is granted after notice or service ofprocess.

(5)        Order the evictionof a party from the residence or household and assistance to the victim inreturning to it.

(6)        Order either partyto make payments for the support of a minor child as required by law.

(7)        Order either partyto make payments for the support of a spouse as required by law.

(8)        Provide forpossession of personal property of the parties, including the care, custody,and control of any animal owned, possessed, kept, or held as a pet by eitherparty or minor child residing in the household.

(9)        Order a party torefrain from doing any or all of the following:

a.         Threatening,abusing, or following the other party.

b.         Harassing the otherparty, including by telephone, visiting the home or workplace, or other means.

b1.       Cruelly treating orabusing an animal owned, possessed, kept, or held as a pet by either party orminor child residing in the household.

c.         Otherwiseinterfering with the other party.

(10)      Award attorney's feesto either party.

(11)      Prohibit a party frompurchasing a firearm for a time fixed in the order.

(12)      Order any party thecourt finds is responsible for acts of domestic violence to attend and completean abuser treatment program if the program is approved by the Domestic ViolenceCommission.

(13)      Include anyadditional prohibitions or requirements the court deems necessary to protectany party or any minor child.

(a1)      Upon the request ofeither party at a hearing after notice or service of process, the court shallconsider and may award temporary custody of minor children and establishtemporary visitation rights as follows:

(1)        In awarding custodyor visitation rights, the court shall base its decision on the best interest ofthe minor child with particular consideration given to the safety of the minorchild.

(2)        For purposes ofdetermining custody and visitation issues, the court shall consider:

a.         Whether the minorchild was exposed to a substantial risk of physical or emotional injury or sexualabuse.

b.         Whether the minorchild was present during acts of domestic violence.

c.         Whether a weapon wasused or threatened to be used during any act of domestic violence.

d.         Whether a partycaused or attempted to cause serious bodily injury to the aggrieved party orthe minor child.

e.         Whether a partyplaced the aggrieved party or the minor child in reasonable fear of imminentserious bodily injury.

f.          Whether a partycaused an aggrieved party to engage involuntarily in sexual relations by force,threat, or duress.

g.         Whether there is apattern of abuse against an aggrieved party or the minor child.

h.         Whether a party hasabused or endangered the minor child during visitation.

i.          Whether a party hasused visitation as an opportunity to abuse or harass the aggrieved party.

j.          Whether a party hasimproperly concealed or detained the minor child.

k.         Whether a party hasotherwise acted in a manner that is not in the best interest of the minorchild.

(3)        If the court awardscustody, the court shall also consider whether visitation is in the bestinterest of the minor child. If ordering visitation, the court shall providefor the safety and well‑being of the minor child and the safety of theaggrieved party. The court may consider any of the following:

a.         Ordering an exchangeof the minor child to occur in a protected setting or in the presence of anappropriate third party.

b.         Ordering visitationsupervised by an appropriate third party, or at a supervised visitation centeror other approved agency.

c.         Ordering thenoncustodial parent to attend and complete, to the satisfaction of the court,an abuser treatment program as a condition of visitation.

d.         Ordering either orboth parents to abstain from possession or consumption of alcohol or controlledsubstances during the visitation or for 24 hours preceding an exchange of theminor child.

e.         Ordering thenoncustodial parent to pay the costs of supervised visitation.

f.          Prohibitingovernight visitation.

g.         Requiring a bondfrom the noncustodial parent for the return and safety of the minor child.

h.         Ordering aninvestigation or appointment of a guardian ad litem or attorney for the minorchild.

i.          Imposing any othercondition that is deemed necessary to provide for the safety and well‑beingof the minor child and the safety of the aggrieved party.

If thecourt grants visitation, the order shall specify dates and times for thevisitation to take place or other specific parameters or conditions that areappropriate. A person, supervised visitation center, or other agency may beapproved to supervise visitation after appearing in court or filing anaffidavit accepting that responsibility and acknowledging accountability to thecourt.

(4)        A temporary custodyorder entered pursuant to this Chapter shall be without prejudice and shall befor a fixed period of time not to exceed one year. Nothing in this sectionshall be construed to affect the right of the parties to a de novo hearingunder Chapter 50 of the General Statutes. Any subsequent custody order enteredunder Chapter 50 of the General Statutes supersedes a temporary order issuedpursuant to this Chapter.

(b)        Protective ordersentered pursuant to this Chapter shall be for a fixed period of time not toexceed one year. The court may renew a protective order for a fixed period oftime not to exceed two years, including an order that previously has beenrenewed, upon a motion by the aggrieved party filed before the expiration ofthe current order; provided, however, that a temporary award of custody enteredas part of a protective order may not be renewed to extend a temporary award ofcustody beyond the maximum one‑year period. The court may renew aprotective order for good cause. The commission of an act as defined in G.S.50B‑1(a) by the defendant after entry of the current order is notrequired for an order to be renewed. Protective orders entered, includingconsent orders, shall not be mutual in nature except where both parties file aclaim and the court makes detailed findings of fact indicating that bothparties acted as aggressors, that neither party acted primarily in self‑defense,and that the right of each party to due process is preserved.

(c)        A copy of any orderentered and filed under this Article shall be issued to each party. Inaddition, a copy of the order shall be issued promptly to and retained by thepolice department of the city of the victim's residence. If the victim does notreside in a city or resides in a city with no police department, copies shallbe issued promptly to and retained by the sheriff, and the county policedepartment, if any, of the county in which the victim resides. If the defendantis ordered to stay away from the child's school, a copy of the order shall bedelivered promptly by the sheriff to the principal or, in the principal'sabsence, the assistant principal or the principal's designee of each schoolnamed in the order.

(c1)      When a protectiveorder issued under this Chapter is filed with the Clerk of Superior Court, theclerk shall provide to the applicant an informational sheet developed by theAdministrative Office of the Courts that includes:

(1)        Domestic violenceagencies and services.

(2)        Sexual assaultagencies and services.

(3)        Victims'compensation services.

(4)        Legal aid services.

(5)        Addressconfidentiality services.

(6)        An explanation ofthe plaintiff's right to apply for a permit under G.S. 14‑415.15.

(d)        The sheriff of thecounty where a domestic violence order is entered shall provide for promptentry of the order into the National Crime Information Center registry andshall provide for access of such orders to magistrates on a 24‑hour‑a‑daybasis. Modifications, terminations, renewals, and dismissals of the order shallalso be promptly entered.  (1979, c. 561, s. 1; 1985, c. 463; 1994, Ex. Sess.,c. 4, s. 2; 1995, c. 527, s. 1; 1995 (Reg. Sess., 1996), c. 591, s. 2; c. 742,s. 42.1.; 1999‑23, s. 1; 2000‑125, s. 9; 2002‑105, s. 2; 2002‑126,s. 29A.6(b); 2003‑107, s. 2; 2004‑186, ss. 17.3‑17.5; 2005‑343,s. 2; 2005‑423, s. 1; 2007‑116, s. 3; 2009‑425, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50B > GS_50B-3

§ 50B‑3.  Relief.

(a)        If the court,including magistrates as authorized under G.S. 50B‑2(c1), finds that anact of domestic violence has occurred, the court shall grant a protective orderrestraining the defendant from further acts of domestic violence. A protectiveorder may include any of the following types of relief:

(1)        Direct a party torefrain from such acts.

(2)        Grant to a partypossession of the residence or household of the parties and exclude the otherparty from the residence or household.

(3)        Require a party toprovide a spouse and his or her children suitable alternate housing.

(4)        Award temporarycustody of minor children and establish temporary visitation rights pursuant toG.S. 50B‑2 if the order is granted ex parte, and pursuant to subsection(a1) of this section if the order is granted after notice or service ofprocess.

(5)        Order the evictionof a party from the residence or household and assistance to the victim inreturning to it.

(6)        Order either partyto make payments for the support of a minor child as required by law.

(7)        Order either partyto make payments for the support of a spouse as required by law.

(8)        Provide forpossession of personal property of the parties, including the care, custody,and control of any animal owned, possessed, kept, or held as a pet by eitherparty or minor child residing in the household.

(9)        Order a party torefrain from doing any or all of the following:

a.         Threatening,abusing, or following the other party.

b.         Harassing the otherparty, including by telephone, visiting the home or workplace, or other means.

b1.       Cruelly treating orabusing an animal owned, possessed, kept, or held as a pet by either party orminor child residing in the household.

c.         Otherwiseinterfering with the other party.

(10)      Award attorney's feesto either party.

(11)      Prohibit a party frompurchasing a firearm for a time fixed in the order.

(12)      Order any party thecourt finds is responsible for acts of domestic violence to attend and completean abuser treatment program if the program is approved by the Domestic ViolenceCommission.

(13)      Include anyadditional prohibitions or requirements the court deems necessary to protectany party or any minor child.

(a1)      Upon the request ofeither party at a hearing after notice or service of process, the court shallconsider and may award temporary custody of minor children and establishtemporary visitation rights as follows:

(1)        In awarding custodyor visitation rights, the court shall base its decision on the best interest ofthe minor child with particular consideration given to the safety of the minorchild.

(2)        For purposes ofdetermining custody and visitation issues, the court shall consider:

a.         Whether the minorchild was exposed to a substantial risk of physical or emotional injury or sexualabuse.

b.         Whether the minorchild was present during acts of domestic violence.

c.         Whether a weapon wasused or threatened to be used during any act of domestic violence.

d.         Whether a partycaused or attempted to cause serious bodily injury to the aggrieved party orthe minor child.

e.         Whether a partyplaced the aggrieved party or the minor child in reasonable fear of imminentserious bodily injury.

f.          Whether a partycaused an aggrieved party to engage involuntarily in sexual relations by force,threat, or duress.

g.         Whether there is apattern of abuse against an aggrieved party or the minor child.

h.         Whether a party hasabused or endangered the minor child during visitation.

i.          Whether a party hasused visitation as an opportunity to abuse or harass the aggrieved party.

j.          Whether a party hasimproperly concealed or detained the minor child.

k.         Whether a party hasotherwise acted in a manner that is not in the best interest of the minorchild.

(3)        If the court awardscustody, the court shall also consider whether visitation is in the bestinterest of the minor child. If ordering visitation, the court shall providefor the safety and well‑being of the minor child and the safety of theaggrieved party. The court may consider any of the following:

a.         Ordering an exchangeof the minor child to occur in a protected setting or in the presence of anappropriate third party.

b.         Ordering visitationsupervised by an appropriate third party, or at a supervised visitation centeror other approved agency.

c.         Ordering thenoncustodial parent to attend and complete, to the satisfaction of the court,an abuser treatment program as a condition of visitation.

d.         Ordering either orboth parents to abstain from possession or consumption of alcohol or controlledsubstances during the visitation or for 24 hours preceding an exchange of theminor child.

e.         Ordering thenoncustodial parent to pay the costs of supervised visitation.

f.          Prohibitingovernight visitation.

g.         Requiring a bondfrom the noncustodial parent for the return and safety of the minor child.

h.         Ordering aninvestigation or appointment of a guardian ad litem or attorney for the minorchild.

i.          Imposing any othercondition that is deemed necessary to provide for the safety and well‑beingof the minor child and the safety of the aggrieved party.

If thecourt grants visitation, the order shall specify dates and times for thevisitation to take place or other specific parameters or conditions that areappropriate. A person, supervised visitation center, or other agency may beapproved to supervise visitation after appearing in court or filing anaffidavit accepting that responsibility and acknowledging accountability to thecourt.

(4)        A temporary custodyorder entered pursuant to this Chapter shall be without prejudice and shall befor a fixed period of time not to exceed one year. Nothing in this sectionshall be construed to affect the right of the parties to a de novo hearingunder Chapter 50 of the General Statutes. Any subsequent custody order enteredunder Chapter 50 of the General Statutes supersedes a temporary order issuedpursuant to this Chapter.

(b)        Protective ordersentered pursuant to this Chapter shall be for a fixed period of time not toexceed one year. The court may renew a protective order for a fixed period oftime not to exceed two years, including an order that previously has beenrenewed, upon a motion by the aggrieved party filed before the expiration ofthe current order; provided, however, that a temporary award of custody enteredas part of a protective order may not be renewed to extend a temporary award ofcustody beyond the maximum one‑year period. The court may renew aprotective order for good cause. The commission of an act as defined in G.S.50B‑1(a) by the defendant after entry of the current order is notrequired for an order to be renewed. Protective orders entered, includingconsent orders, shall not be mutual in nature except where both parties file aclaim and the court makes detailed findings of fact indicating that bothparties acted as aggressors, that neither party acted primarily in self‑defense,and that the right of each party to due process is preserved.

(c)        A copy of any orderentered and filed under this Article shall be issued to each party. Inaddition, a copy of the order shall be issued promptly to and retained by thepolice department of the city of the victim's residence. If the victim does notreside in a city or resides in a city with no police department, copies shallbe issued promptly to and retained by the sheriff, and the county policedepartment, if any, of the county in which the victim resides. If the defendantis ordered to stay away from the child's school, a copy of the order shall bedelivered promptly by the sheriff to the principal or, in the principal'sabsence, the assistant principal or the principal's designee of each schoolnamed in the order.

(c1)      When a protectiveorder issued under this Chapter is filed with the Clerk of Superior Court, theclerk shall provide to the applicant an informational sheet developed by theAdministrative Office of the Courts that includes:

(1)        Domestic violenceagencies and services.

(2)        Sexual assaultagencies and services.

(3)        Victims'compensation services.

(4)        Legal aid services.

(5)        Addressconfidentiality services.

(6)        An explanation ofthe plaintiff's right to apply for a permit under G.S. 14‑415.15.

(d)        The sheriff of thecounty where a domestic violence order is entered shall provide for promptentry of the order into the National Crime Information Center registry andshall provide for access of such orders to magistrates on a 24‑hour‑a‑daybasis. Modifications, terminations, renewals, and dismissals of the order shallalso be promptly entered.  (1979, c. 561, s. 1; 1985, c. 463; 1994, Ex. Sess.,c. 4, s. 2; 1995, c. 527, s. 1; 1995 (Reg. Sess., 1996), c. 591, s. 2; c. 742,s. 42.1.; 1999‑23, s. 1; 2000‑125, s. 9; 2002‑105, s. 2; 2002‑126,s. 29A.6(b); 2003‑107, s. 2; 2004‑186, ss. 17.3‑17.5; 2005‑343,s. 2; 2005‑423, s. 1; 2007‑116, s. 3; 2009‑425, s. 1.)

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