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ABUSE
INDEX
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LAWS -
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SHELTERS
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LETTER TO VICTIMS
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MAIN INDEX
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.)
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§
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.)
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§
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.)
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§ 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.)
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§ 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.)
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§
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.)
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§ 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.)
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§ 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.)
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§ 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.)
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§ 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.)
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§ 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.)
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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.)
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§ 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).)
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§ 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.)
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§ 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).)
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§
14-27.6: Repealed by Session Laws 1994, Ex. Sess., c. 14, s.
71(3).
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§ 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.)
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§ 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.)
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