MODIFY DV STATUTES. (NEW)

View NCGA Bill Details2021
House Bill 33 (Public) Filed Thursday, January 28, 2021
AN ACT TO MODIFY VARIOUS DOMESTIC VIOLENCE STATUTES.
Intro. by Warren, Moffitt, Zachary.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Apr 28 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO BROADEN THE APPLICABILITY OF VARIOUS DOMESTIC VIOLENCE STATUTES.

H 33

Bill Summaries:

  • Summary date: Apr 28 2021 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 50B-1 to further modify the criteria given for the term personal relationship. No longer includes a relationship where the parties are current or former household members; now includes any persons in a romantic relationship who live together or have lived together within the year preceding the filing of the action (was any persons who live together or have lived together) or persons who are in a dating relationship or have been in a dating relationship within the year preceding the filing of the action (was persons who are in a dating relationship or have been in a dating relationship). Revises the definition given for a dating relationship to mean a relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual relations existing (previously just required the parties to be romantically involved) over time and on a continuing basis during the course of the relationship. Establishes six factors the court must consider in determining whether the persons are in a dating relationship or have been in a dating relationship within the year preceding the filing, including (1) the length of time during which the alleged dating activities continued prior to the alleged acts of domestic violence, (2) the nature and frequency of the parties' interactions with each other, and (3) whether the parties declared or demonstrated to each other by statement or conduct that their relationship was of a romantic nature.

    Adds the following content. Amends GS 50B-3, now permitting a protective order to order a party found to be responsible for acts of domestic violence to attend and complete such counseling or treatment as the court finds is reasonably likely to resolve the issues causing the acts of domestic violence and that is reasonably available to and affordable by the party who is ordered to attend and complete the counseling or treatment (was, limited to attending and completing an abuser treatment program approved by the Domestic Violence Commission). Makes conforming changes. Revises language to refer to a "party" ordered to attend counseling or treatment rather than the "defendant" or "abuser." Amends GS 15A-1343(b)(12) to mirror the changes made to GS 50B-3 regarding protective orders, making them applicable to the regular condition of probation concerning attendance and completion of a counseling or treatment program.

    Changes the act's titles. 


  • Summary date: Jan 28 2021 - More information

    Amends GS 50B-1, which defines domestic violence to mean the commission of one or more of the specified 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, not including acts of self defense. Modifies the criteria given for the term personal relationship to include a relationship wherein the parties involved are persons who are or have been in a dating relationship (previously, limited to persons of the opposite sex who are or have been in a dating relationship). 


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