Domestic Abuse Laws
North Carolina
2001
Note: This page features auto-scrolling links by statute.
Chapter 50B Domestic Violence:
Chapter 14 Criminal Law. Article 7A. Rape and Other Sex Offenses
Chapter 14 Criminal Law. -- § 14-277.3. Stalking.
Chapter 50B. Domestic Violence.
§ 50B-1.
Domestic violence; definition.
(a) Domestic violence
means the commission of one or more of the following acts upon an aggrieved
party or upon a minor child residing with or in the custody of the aggrieved
party by a person with whom the aggrieved party has or has had a personal
relationship, but does not include acts of self-defense:
(1) Attempting to cause bodily injury,
or intentionally causing bodily injury; or
(2) Placing the aggrieved party
or a member of the aggrieved party's family or household in fear of imminent
serious bodily injury; or
(3) Committing any act defined
in G.S. 14-27.2 through G.S. 14-27.7.
(b) For purposes of this section, the term "personal
relationship" means a relationship wherein the parties involved:
(1) Are current or former spouses;
(2) Are persons of opposite sex who
live together or have lived together;
(3) Are related as parents and children,
including others acting in loco parentis to a minor child, or as grandparents
and grandchildren. For purposes of this subdivision, an aggrieved party may
not obtain an order of protection against a child or grandchild under the
age of 16;
(4) Have a child in common;
(5) Are current or former household members;
(6) Are persons of the opposite sex who are
in a dating relationship or have been in a dating relationship. For purposes
of this subdivision, a dating relationship is one wherein the parties are
romantically involved over time and on a continuous basis during the course
of the relationship. A casual acquaintance or ordinary fraternization between
persons in a business or social context is not a dating relationship.
(1979, c. 561, s. 1; 1985, c. 113, s. 1; 1987, c. 828; 1987 (Reg. Sess.,
1988), c. 893, ss. 1, 3; 1995 (Reg. Sess., 1996), c. 591, s. 1; 1997-471,
s. 1.)
§ 50B-2. Institution
of civil action; motion for emergencyrelief; temporary orders. (a) Any
person residing in this State may seek relief under this Chapter by filing
a civil action or by filing a motion in any existing action filed under Chapter
50 of the General Statutes alleging acts of domestic violence against himself
orherself or a minor child who resides with or is in the custody of such
person. Any aggrieved party entitled to relief under this Chapter may file
a civil action and proceed pro se, without the assistance of legal
counsel. The district court division of theGeneral Court of Justice shall
have original jurisdiction overactions instituted under this Chapter.
(b) Emergency Relief. -- A party may move the court for
emergency relief if he or she believes there is a danger of serious and immediate
injury to himself or herself or a minor child. A hearing on a motion for
emergency relief, where no ex parte order is entered, shall be held
after five days' notice ofthe hearing to the other party or after five days
from the date of service of process on the other party, whichever occurs
first, provided, however, that no hearing shall be required if the service
of process is not completed on the other party. If the party is proceeding
pro se and does not request an ex parte hearing, the clerk
shall set a date for hearing and issue a notice of hearing within the time
periods provided in this subsection, and shall effect service of the summons,
complaint,notice, and other papers through the appropriate law enforcement
agency where the defendant is to be served, upon payment of therequired service
fees.
(c) Ex Parte Orders. -- Prior to the hearing, if it clearly
appears to the court from specific facts shown, that there is a danger of
acts of domestic violence against the aggrieved partyor a minor child, the
court may enter such orders as it deems necessary to protect the aggrieved
party or minor children from such acts provided, however, that a temporary
order for custody ex parte and prior to service of process and notice
shall not be entered unless the court finds that the child is exposed to
a substantial risk of bodily injury or sexual abuse. Upon the issuance of
an ex parte order under this subsection, a hearing shall be held within
10 days from the date of issuance of the order or within seven days from
the date of service of process on the other party, whichever occurs later.
If an aggrieved party acting pro se requests ex parte relief,
the clerk of superior court shall schedule an ex parte hearing with
the district courtdivision of the General Court of Justice within 72 hours
of thefiling for said relief, or by the end of the next day on which the
district court is in session in the county in which the action was filed,
whichever shall first occur. If the district court is not in session in said
county, the aggrieved party may contact the clerk of superior court in any
other county within the same judicial district who shall schedule an ex
parte hearing with the district court division of the General Court of
Justice by the end of the next day on which said court division is in session
in that county. Upon the issuance of an ex parte order under this
subsection, if the party is proceeding pro se, the Clerk shall set
a date for hearing and issue a notice of hearing within the time periods
provided in this subsection, and shall effect service of the summons, complaint,
notice, order and otherpapers through the appropriate law enforcement agency
where thedefendant is to be served, upon payment of the required service
fees.
(c1) Ex Parte
Orders by Authorized Magistrate. -- The chief district
court judge may authorize a magistrate or magistrates to hear any motions
for emergency relief ex parte. Prior to the hearing, if the magistrate determines
that at the time the party is seeking emergency relief ex parte the district
court is not insession and a district court judge is not and will not be
available to hear the motion for a period of four or more hours, the motion
may be heard by the magistrate. If it clearly appears to the magistrate from
specific facts shown that there is a danger of acts of domestic violence
against the aggrieved partyor a minor child, the magistrate may enter such
orders as it deems necessary to protect the aggrieved party or minor children
from such acts, except that a temporary order for custody ex parte and prior
to service of process and notice shall not be entered unless the magistrate
finds that the child is exposed to a substantial risk of bodily injury or
sexual abuse. An ex parte order entered under this subsection shall expire
and the magistrate shall schedule an ex parte hearing before a district court
judge within 72 hours of the filing for relief under this subsection, or
by the end of the next day on which the district court is in session in the
county in which the action was filed, whichever occurs first. A party who
has paid court costs due for seeking an order from the magistrate under this
subsection shall not be liable for court costs for a hearing before the district
court judge scheduled and heard pursuant to an order entered bythe magistrate
under this subsection. Ex parte orders entered bythe district court judge
pursuant to this subsection shall be entered and scheduled in accordance
with subsection (c) of this section.
(c2) The authority
granted to authorized magistrates toaward temporary child custody pursuant
to subsection (c1) of this section and pursuant to G.S. 50B-3(a)(4) is granted
subject tocustody rules to be established by the supervising chief district
judge of each judicial district.
(d) Pro Se Forms. -- The clerk of superior court of each
county shall provide to pro se complainants all forms which are necessary
or appropriate to enable them to proceed pro se pursuant to this section.
The Clerk shall provide a supply of pro se forms to authorized magistrates
who shall make the forms available to complainants seeking relief under
subsection (c1) of this section.
(1979, c. 561, s. 1; 1985, c. 113, ss. 2, 3; 1987 (Reg. Sess., 1988),
c. 893, s. 2; 1989, c. 461, s. 1; 1994, Ex.Sess., c. 4, s. 1; 1997-471, s.
2.)
§
50B-3. Relief. (a) The court, including magistrates as authorized
under G.S. 50B-2(c1), may grant any protective order or approve any consent
agreement to bring about a cessation of acts of domestic violence. The orders
or agreements may:
(1) Direct a party to refrain from such acts;
(2) Grant to a party possession of the residence
or household of the parties and exclude the other party from the residence
or household;
(3) Require a party to provide a spouse and
his or her children suitable alternate housing;
(4) Award temporary custody of minor children
and establish temporary visitation rights;
(5) Order the eviction of a party from the
residence or household and assistance to the victim in returning to it;
(6) Order either party to make payments for
the support of a minor child as required by law;
(7) Order either party to make payments for
the support of a spouse as required by law;
(8) Provide for possession of personal property
of the parties;
(9) Order a party to refrain from doing any
or all of the following:
a. Threatening, abusing, or following the other party,
b. Harassing the other party, including by telephone, visiting the home or
workplace, or other means, or
c. Otherwise interfering with the other party;
(10) Award costs and attorney's fees to either
party;
(11) Prohibit a party from purchasing a firearm
for a time fixed in the order;
(12) Order any party the court finds is
responsible for acts of domestic violence to attend and complete an abuser
treatment program if the program is available within a reasonable distance
of that party's residence and is approved by the Department of Administration;
and
(13) Include any additional prohibitions or
requirements the court deems necessary to protect any party or any minor
child.
(b) Protective orders entered or consent orders
approved pursuant to this Chapter shall be for a fixed period of time no
tto exceed one year. Upon application of the aggrieved party, a judge may
renew the original or any succeeding order for up to one additional year.
Protective orders entered or consent orders approved shall not be mutual
in nature except where both parties file a claim and the court makes detailed
findings of fact indicating that both parties 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 order entered and filed under this
Article shall be issued to each party. In addition, a copy of the order shall
be issued promptly to and retained by the police department of the city of
the victim's residence. If the victim does not reside in a city or resides
in a city with no police department, copies shall be issued promptly to and
retained by the sheriff, and the county police department, if any, of the
county in which the victim resides.
(d) The sheriff of the county where a domestic violence
order is entered shall provide for prompt entry of the order into the National
Crime Information Center registry and shall provide for access of such orders
to magistrates on a 24-hour-a-day basis. Modifications, terminations, and
dismissals of the order shall also 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.) (As amended
by 1999-2000 session of General Assembly.)
§ 50B-4. Enforcement
of orders. (a) A party may file a motion for contempt for violation
of any order entered pursuant to this Chapter. This party may file and proceed
with thatmotion pro se, using forms provided by the clerk of superior court
or a magistrate authorized under G.S. 50B-2(c1). Upon the filing pro se of
a motion for contempt under this subsection, the clerk, or the authorized
magistrate, if the facts show clearly that there is danger of acts of domestic
violence against the aggrieved party or a minor child and the motion is made
at a time when the clerkis not available, shall schedule and issue notice
of a show cause hearing with the district court division of the General Court
of Justice at the earliest possible date pursuant to G.S. 5A-23. The Clerk,
or the magistrate in the case of notice issued by the magistrate pursuant
to this subsection, shall effect service of the motion, notice, and other
papers through the appropriate law enforcement agency where the defendant
is to be served, uponpayment of the required service fees.
(b) Repealed (session 1999-2000)
(c) A valid protective order entered pursuant to
this section shall be enforced by all North Carolina law enforcement agencies
without further order of the court.
(d) A valid protective order entered by the
courts of another state or the courts of an Indian tribe shall be accorded
full faith and credit by the courts of North Carolina whether or not the
order has been registered and shall be enforced by the courts and the law
enforcement agencies of North Carolina. Carolina as if it were an order issued
by a North Carolina court. In determining the validity of an out-of-state
order for purposes of enforcement, a law enforcement officer may rely upon
a copy of the protective order issued by another state or the courts of an
Indian tribe that is provided to the officer and on the statement of a person
protected by the order that the order remains in effect. Even though registration
is not required, a copy of a protective order may be registered in North
Carolina by filing with the clerk of superior court in any county a copy
of the order and an affidavit by a person protected by the order that to
the best of that person's knowledge the order is presently in effect as written.
Notice of the registration shall not be given to the defendant. Upon registration
of the order, the clerk shall promptly forward a copy to the sheriff of that
county. Unless the issuing state has already entered the order, the sheriff
shall provide for prompt entry of the order into the National Crime Information
Center registry pursuant to G.S. 50B-3(d).
(e) Upon application or motion by a party to the
court, the court shall determine whether an out-of-state order remains in
full force and effect.
(1979, c. 561, s.1; 1985, c. 113, s. 4; 1987, c. 739, s. 6; 1989, c. 461,
s. 2;1994, Ex. Sess., c. 4, s. 3; 1995 (Reg. Sess., 1996), c. 591, s.3.)
(As amended by 1999-2000 session of General Assembly.)
§ 50B-4.1. Violation of valid protective order a
misdemeanor.
(a) A person who
knowingly violates a valid protective order entered pursuant to this Chapter
or by the courts of another state or the courts of an Indian tribe shall
be guilty of a Class A1 misdemeanor.
(b) A law enforcement officer shall arrest and
take a person into custody without a warrant or other process if the officer
has probable cause to believe that the person knowingly has violated a valid
protective order excluding the person from the residence or household occupied
by a victim of domestic violence or directing the person to refrain from
doing any or all of the acts specified in G.S. 50B-3(a)(9).
(c) When a law enforcement officer makes an arrest
under this section without a warrant, and the party arrested contests that
the out-of-state order or the order issued by an Indian court remains in
full force and effect, the party arrested shall be promptly provided with
a copy of the information applicable to the party which appears on the National
Crime Information Center registry by the sheriff of the county in which the
arrest occurs. (As amended by 1999-2000 session of General
Assembly.)
§ 50B-4.2. False statement regarding protective order a misdemeanor. A person who knowingly makes a false statement to a law enforcement agency or officer that a protective order entered pursuant to this Chapter or by the courts of another state or Indian tribe remains in effect shall be guilty of a Class 2 misdemeanor. (As amended by 1999-2000 session of General Assembly.)
§ 50B-5. Emergency
assistance. (a) A person who alleges that he or she or a minor child
has been the victim of domestic violence may request the assistance of a
local law enforcement agency. The local law enforcement agency shall respond
to the request for assistance as soon as practicable. The local law enforcement
officer responding to the request for assistance may take whatever steps
are reasonably necessary to protect the complainant from harm and may advise
the complainant of sources of shelter, medical care, counseling and other
services. Upon request by the complainant and where feasible, the law enforcement
officer may transport the complainant to appropriate facilities such as
hospitals, magistrates' offices, or public or private facilities for shelter
and accompany the complainant to his or her residence, within the jurisdiction
in which the request for assistance was made, so that the complainant may
remove food, clothing, medication and such other personal property as is
reasonably necessary to enable the complainant and any minor children who
are presently in the care of the complainant to remain elsewhere pending
further proceedings. (As amended by 1999-2000 session of General Assembly.
(b) In providing the assistance authorized by
subsection (a), no officer may be held criminally or civilly liable on account
of reasonable measures taken under authority ofsubsection (a).
(1979, c. 561, s. 1; 1985, c. 113, s.
5.)
§ 50B-6. Construction
of Chapter. This Chapter shall not be construed as granting a status
to any person for any purpose other than those expressly stated herein. This
Chapter shall not be construed as relieving any person or institution of
the duty to report to the department of social services, as required by G.S.
7A-543, if the person orinstitution has cause to suspect that a juvenile
is abused orneglected.
(1979, c. 561, s. 1; 1985, c. 113, s. 6.)
§ 50B-7. Remedies not exclusive. The remedies provided by this Chapter are not exclusive but are additional to remedies provided under Chapter 50 and elsewhere in the General Statutes. (1979, c. 561, s. 1.)
§ 50B-8. Effect
upon prosecution for violation of § 14-184 or other offense against
public morals. The granting of a protective order, approval of a
consent agreement, prosecution for violation of this Chapter, or the granting
of any other relief or the institution of any other enforcement proceedings
under this Chapter shall not be construed to afford a defense to any person
or persons charged with fornication and adultery under G.S. 14-184 or charged
with any other offense against the public morals; and prosecution,conviction,
or prosecution and conviction for violation of any provision of this Chapter
shall not be a bar to prosecution forviolation of G.S. 14-184 or of any other
statute defining an offense or offenses against the public morals.
(1979, c. 561, s.1.)
§ 50B-9. Domestic
Violence Center Fund. The Domestic Violence Center Fund is established
within the State Treasury. The fund shall be administered by the Departmentof
Administration, North Carolina Council for Women, and shall beused to make
grants to centers for victims of domestic violence and to The North Carolina
Coalition Against Domestic Violence, Inc. This fund shall be administered
in accordance with the provisions of the Executive Budget Act. The Department
of Administration shall make quarterly grants to each eligible domestic violence
center and to The North Carolina Coalition Against Domestic Violence, Inc.
Each grant recipient shall receive the same amount. To be eligible to receive
funds under this section, a domestic violence center must meet the following
requirements:
(1) It shall have been in operation on the
preceding July 1 and shall continue to be in operation.
(2) It shall offer all of the following services:
a hotline, transportation services, community education programs, daytime
services, and call forwarding during the night and it shall fulfill other
criteria established by the Department of Administration.
(3) It shall be a nonprofit corporation or
a local governmental entity.
(1991, c. 693, s. 3; 1991 (Reg. Sess., 1992), c. 988, s. 1.)
Rape and Other Sex
Offenses
G.S. 14-27.2 - G.S. 14-27.7,
as referenced in 50B-1(a)(3):
§ 14-27.2. First-degree rape. (a) A person is guilty of rape in the first degree if the person engages in vaginal intercourse: (1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or (2) With another person by force and against the will of the other person, and: a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or b. Inflicts serious personal injury upon the victim or another person; or c. The person commits the offense aided and abetted by one or more other persons. (b) Any person who commits an offense defined in this section is guilty of a Class B1 felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 4; 1981, c. 106, ss. 1, 2; 1983, c. 175, ss. 4, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 2.)
§ 14-27.3. Second-degree rape. (a) A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person: (1) By force and against the will of the other person; or (2) Who is mentally defective, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally defective, mentally incapacitated, or physically helpless. (b) Any person who commits the offense defined in this section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 5; 1981, cc. 63, 179; 1993, c. 539, s. 1130; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-27.4. First-degree sexual offense. (a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act: (1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or (2) With another person by force and against the will of the other person, and: a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or b. Inflicts serious personal injury upon the victim or another person; or c. The person commits the offense aided and abetted by one or more other persons. (b) Any person who commits an offense defined in this section is guilty of a Class B1 felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 6; 1981, c. 106, ss. 3, 4; 1983, c. 175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3.)
§ 14-27.5. Second-degree sexual offense. (a) A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person: (1) By force and against the will of the other person; or (2) Who is mentally defective, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally defective, mentally incapacitated, or physically helpless. (b) Any person who commits the offense defined in this section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63, c. 179, s. 14; 1993, c. 539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-27.6: Repealed by Session Laws 1994, Ex. Sess., c. 14, s. 71(3).
§ 14-27.7. Intercourse and sexual offenses with certain victims; consent no defense. (a) If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony. Consent is not a defense to a charge under this section. (b) If a defendant, who is a teacher, school administrator, student teacher, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, the defendant is guilty of a Class G felony, except when the defendant is lawfully married to the student. The term "same school" means a school at which the student is enrolled and the school personnel is employed or volunteers. A defendant who is school personnel, other than a teacher, school administrator, student teacher, or coach, and is less than four years older than the victim and engages in vaginal intercourse or a sexual act with a victim who is a student, is guilty of a Class A1 misdemeanor. This subsection shall apply unless the conduct is covered under some other provision of law providing for greater punishment. Consent is not a defense to a charge under this section. For purposes of this subsection, the terms "school", "school personnel", and "student" shall have the same meaning as in G.S. 14-202.4(d). (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 9; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1132; 1994, Ex. Sess., c. 24, s. 14(c); 1999-300, s. 2.)
§ 14-277.3. Stalking. (a) Offense. -- A person
commits the offense of stalking if the person willfully on more than one
occasion follows or is in the presence of another person without legal purpose
and with the intent to cause death or bodily injury or with the intent to
cause emotional distress by placing that person in reasonable fear of death
or bodily injury.
(b) Classification. -- A violation of this section is
a Class 1 misdemeanor. A person who commits the offense of stalking when
there is a court order in effect prohibiting similar behavior is guilty of
a Class A1 misdemeanor. A second or subsequent conviction for stalking occurring
within five years of a prior conviction of the same defendant is punishable
as a Class I felony. (1991 (Reg. Sess., 1992), c. 804, s. 1; 1993, c. 539,
s. 173; 1994, Ex. Sess., c. 24, s. 14(c); 1997-306, s. 1.)
