Everyone Has a Right to Security


Manage episode 283942869 series 2818033
Player FM과 저희 커뮤니티의 Podcast Cary and New Direction Family Law Firm 콘텐츠는 모두 원 저작자에게 속하며 Player FM이 아닌 작가가 저작권을 갖습니다. 오디오는 해당 서버에서 직접 스트리밍 됩니다. 구독 버튼을 눌러 Player FM에서 업데이트 현황을 확인하세요. 혹은 다른 팟캐스트 앱에서 URL을 불러오세요.
The ruling is on the domestic violence protective order. You have to allege certain relationship statuses to have standing to really move for this under our current statutes.
Currently, you have to show that you are spouses or former spouses to get a domestic violence protective order. Or that you are persons of the opposite sex who are not married, but had lived together or currently live together, that you have a child in common or a parent and child or grandparent-grandchild relationship.
Those words "opposite sex" are in our statute. You could not, before this case came down, if you were in a same-sex relationship, seek a domestic violence protective order. Until this came down we were the only state in the country that did not provide equal protection for people who are in a same-sex relationship.
At the trial court level, the plaintiff, the person asking for the protective order went to the domestic violence court in Wake County and asked for this. And the judge said these facts are egregious. This is awful what happened. And where had you been in an Opposite sex relationship you would get a protective order, but since you are not, I cannot find that domestic violence occurred because the statute does not afford that to you. And then that was appealed to the court of appeals, which is where we got our recent order from thankfully.
If you or someone you know is in an abusive relationship what are some resources/options for them?
  • Reach out to Interact of Wake County
  • Talk to a friend or loved one that you trust and make a plan to get out of that relationship
  • Talk to an attorney

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