Bill Summaries: H685 CLARIFY DVPO EXPIRATION AND FIREARM SURRENDER.

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  • Summary date: Apr 10 2019 - More information

    Amends GS 50B-3 regarding domestic violence protective orders. Requires a defendant ordered to attend an abuser treatment program pursuant to subdivision (a)(12) to begin regular attendance of the program within 60 days of the entry of the order. Requires the court to specify the date and time for a review hearing with the court to assess whether the defendant has complied as soon as practicable after 60 days from the entry of the original order. Requires that date and time to be set when entering the original order, and requires the clerk to issue a Notice of Hearing for the compliance review to be given to or served, as appropriate, upon the defendant and filed with the court on the same day as entry of the original order. Permits the plaintiff to attend the review hearing. Provides for the defendant to give the clerk a written statement showing compliance with the order prior to the review hearing at which time the clerk must remove the hearing from the court docket and notify the plaintiff of the defendant's compliance and that no review hearing will occur. 

    Adds language to specify that GS Chapter 50B protective orders expire at 11:59 PM on the indicated expiration date unless the order specifically states otherwise.

    Amends GS 50B-3.1 to require a defendant to surrender all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms upon issuance of an order issued following notice and due process to the defendant pursuant to GS Chapter 50B (was only upon issuance of an emergency order or ex parte order pursuant to the Chapter).

    Applies to court orders issued on or after October 1, 2019.


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