The NCGS 50(B) is a domestic violence protective order which is also known as a restraining order. This statue gives victims of domestic violence protection from their abusers. It is different from the common restraining order because judges are allowed to order more necessary forms of protection for victims. When a domestic violence protective order is served the abuser is often ordered to have no contact with the victim and in some instances, a victim can be temporarily given possession of a house or vehicle without the abuser. Law enforcement officials are also allowed to criminally charge domestic violence abused if they violate a protective order. A tricky part regarding the NCGS 50(B) is the question of who can file for one. According to the North Carolina Coalition Against Domestic Violence, those who are current or former spouses can file along with people of the opposite gender who live together or have in the past, and people related and children and parents (NCCADV, 2018). This also includes guardians taking the role of a parent to a child. However, parents and parental figures are not allowed to get protection orders if the child is under 16 years old. This is another element of the statute that is often confusing in a courtroom. People who have a child together and those are or have been in an intimate relationship meaning both of the individuals are romantically involved on a continuous basis are also eligible to file for a domestic violence protective order. Despite it being a positive statue intended to protect victims of domestic violence, the NCGS 50(B) is one of the most confusing statutes in court regarding interpretation.
In the 1970s North Carolina along with the United States paid attention to family problems resulting in abuse and domestic violence. The North Carolina General Assembly passed “Chapter 50B, “Domestic Violence” (Military Personnel, 1999). This statute was modified in 1985, 1987, and 1989. In 1987, the General Assembly included minors living in the custody of an aggravated party or spouse. This was also when the General Assembly let children be considered a victim of an adult’s “acts” like an adult victim. These acts include but are not limited to intentionally causing bodily harm or attempting to cause bodily harm to a victim. In 1988 a section was included into the statue stating acts such as “first-degree rape, second-degree rape, first-degree sexual offense, second-degree sexual offense, attempts to commit same, and acts of vaginal intercourse or sexual acts where consent is no defense,” (Military Personnel, 1999) are components of domestic violence and also apply when the act is performed onto a minor.
Allan Grimsley has been practicing criminal defense law on the Outer Banks of North Carolina for 20 years now. A graduate of Wake Forest Law School, Mr. Grimsley has had his share of domestic violence cases and stated that some of his “ugliest” cases have been domestic violence cases. When asked, Grimsley said he takes around three to four domestic violence cases a year depending on the cases circumstances. I then asked Mr. Grimsley what his most memorable domestic violence case was that he represented. He responded, “my most memorable domestic violence case was when a husband had beat his wife for years and she finally found the courage to press charges against him. The trial was long and drawn out, but he was found guilty and sentenced to 10 years of prison time. It may not seem like anything special to the average person but when my client walked out of the courtroom and wept because of how relieved she was, it made me remember that I do have an impact and people’s lives. It also refreshed the idea that it is important to speak for people who are scared to or cannot speak for themselves. It was when I really realized that some of my clients trust me with their entire life and their fate is in my skill.”
He finds NCGS 50B to be confusing in the courtroom under extraordinary circumstances. He was watched the vilest abusers walk out the courtroom with a not guilty verdict because of lack of sufficient evidence, the right last name, and mistrials. This is what Grimsley said to be one of the hardest parts of domestic violence cases. The attorney stated that another one of the reasons why the statute can be confusing in the courtroom is because it is not always easy to prove a relationship between the defendant and the victim.
Despite having a high success rate in domestic violence cases, he has also had his fair share of losses in them. “I have definitely won some cases I could have lost and I have definitely lost some cases I would have won.” His most memorable losing case was when the defendant had a prior record of domestic violence with his former spouse. However, in this case the self-proclaimed victim was lying about the alleged abuse in order to obtain sole custody of their two daughters because he was sexually abusing them. She took this route because she thought it would be more believable for a prior convicted abuser to be sentenced than a man without a history of sexual abuse. “This has been one of my most challenging cases for me to accept. I wanted nothing more than for the defendant to be charged because I had heard what the father had been doing to his two daughters for years.” He watched a guilty man walk free because of his client’s decision to lie instead of allowing her daughters to testify and try to allow justice to be served.
His final reason as to why the statute being is confusing in the courtroom is because of its viewpoint with same sex couples. Our society today is becoming more and more accepting of same sex couples which gives them the courage to come out about their sexuality along with what some experience happens behind closed doors. North Carolina General Statue 50B does not allow same sex couples who have not lived together to file for the protective order. Grimsley said “Despite what people’s opinions, feelings, and beliefs are, domestic violence occurs in homosexual relationships. We live in a world where acceptance and equality for all is one of the main goals. So why are we not protecting those who love like straight people?” Mr. Grimsley loves what he does and uses his skills and gifts to speak for people who cannot or are scared to speak for themselves. He stated that just because a same sex couple may not live together, it does not give anyone the right to deny them the same protection.
In order to get a conviction under NCGS 50(B), prosecutors and a judge will have to listen to the facts of the case and apply the law how they see fit. Regarding the victim, a judge has to determine that a victim had a personal relationship with the alleged abuser and suffered a domestic violence act. The judge them has them find these things by “preponderances of evidence,” (Michigan State University, 2018). This means the judge has to believe it is more likely than not that these things are true. It is the plaintiff’s responsibility to prove these things to the judge.
I believe that same sex couples who have not lived together should be able to file for a domestic violence protective order. Putting aside what people’s opinions are on homosexuality, they are in relationship too. Violence and abuse are not limited to heterosexual couples and relationships.
NCGS 50B is a domestic violence protective order. It is commonly referred to as a restraining order. It is one of the most confusing statute to argue and resent in a court room. This is because of what has to be proven and some of the small details the can be the difference between a guilty or not guilty verdict. It protects victims of domestic violence from their abusers by forcing the abuser to cut contact between them and their victim. It also allows the victim’s family to not be contacted by the abuser and prevents the abuser from buying a firearm. This form of a protective order can also protect the victim’s children by ordering them to stay away from their school, daycare, and a specified distance.