Bill Summary for S 431 (2021-2022)

Summary date: 

Mar 31 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 431 (Public) Filed Wednesday, March 31, 2021
AN ACT TO ALLOW PERMANENT DOMESTIC VIOLENCE PROTECTIVE ORDERS THAT SHALL REMAIN IN EFFECT FOR THE LIFETIME OF THE PERSON SUBJECT TO THE ORDER.
Intro. by Edwards.

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Bill summary

Enacts new GS 50B-3.2 allowing the issuance of a permanent protective order that remains in effect for the respondent's lifetime. Allows a permanent protective order to be issued concurrently with a fixed-time protective order. Allows the issue of a permanent protective order when the court finds: (1) an act of domestic violence has occurred, (2) reasonable grounds exist for the victim to fear future contact with the respondent, (3) process was properly served on the respondent, and (4) the respondent answered the complaint and notice of hearing was given or the respondent failed to answer the complaint and is in default. Specifies six forms of relief that the court may grant in the order, including order the respondent not to threaten, visit, assault, molest, or otherwise interfere with the victim; order the respondent not to abuse or injure the victim; and order the respondent not to contact the victim by telephone, written communication, or electronic means. Allows the victim to make a motion to rescind the order anytime after it has been issued; allows the court to rescind the order if reasonable grounds for the victim to fear any future contact with the respondent no longer exist. Makes conforming changes to GS 50B-3.

Amends GS 50B-2 to allow fixed-time domestic violence protective orders to be filed electronically. Prohibits holding hearings to consider fixed-time relief via video conference.

Applies to actions or motions filed on or after October 1, 2021.

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