DOMESTIC
VIOLENCE:
Clarify
Definition of Domestic Violence Protective Order (S 630) (SL 2003-107): This bill amends the definition of protective
order to include consent orders as well as orders that are entered
pursuant to a hearing. In addition, the language governing the
renewal of protective orders is clarified to state that orders may
be renewed multiple times for a period not to exceed one year.
The court=s standard for determining whether to renew an order is
whether or not there is good cause. This act became effective
when it became law on
May 31, 2003.
Homicide Prevention
Act/Domestic Violence
(S 919) (SL 2003-410): This bill amends Chapter 50B of the N.C.
General Statutes to require the surrender of firearms in certain
protective order cases. If a judge finds any of the enumerated
factors, the defendant must surrender his or her firearms, machine
guns, ammunition, permits to purchase firearms and permits to carry
concealed weapons to the sheriff within 24 hours of service of the
order. The factors requiring surrender are 1) the use or threatened
use of deadly weapons by the defendant or pattern of prior conduct
of such use; 2) threats to seriously injure the aggrieved party or
minor child; 3) threats to commit suicide by the defendant: or 4)
serious injuries inflicted upon the aggrieved party or a minor child
by the defendant.
The bill also
governs the storage, retrieval, disposal or motions for the return
of the guns when the protective order expires. Violation of this
section is a Class H felony. In addition, N.C.G.S. 14-269.8 is
amended to include the prohibition of possessing a firearm in
addition to the current law of purchasing a firearm when it is
prohibited by a domestic violence order. This bill does not limit
the remedies allowed in other sections of Chapter 50B.
The act becomes
effective December 1, 2003, and applies to offenses committed on or
after that date. |
