Domestic Violence is not, nor has ever been, a problem impacting only heterosexual relationships. Community members fighting to end the fear, pain, and death caused by violence in relationships have stressed that the reality of Domestic Violence knows no boundaries and excludes no one from its reach. In 2015, the United States Supreme Court held that the fundamental right to marry is guaranteed to same-sex couples in its ruling Obergefell v. Hodges, but what about protection from abuse from an intimate same-sex partner?
As of 2019, North Carolina was the only state in the nation that did not provide Domestic Violence protections equally to anyone in a romantic relationship. More specifically, individuals who were in a same-sex relationship but were not or had never been married and individuals who did not live with their romantic partner or share a child with their romantic partner were banned from getting a Domestic Violence Order of Protection (DVPO) in North Carolina. Meaning, if you were in an abusive same-sex dating relationship, you had less protections.
Filed December 31, 2020, the North Carolina Court of Appeals has ruled the state’s ban on emergency protections from abuse for those in same-sex relationships as unconstitutional. Unless challenged and overturned by the North Carolina Supreme Court, “North Carolina will no longer stand alone in denying domestic violence protections” to members of the LGBTQ+ community. – News & Observer 2020.
In North Carolina, a person is eligible for a DVPO, or “50B Order,” so long as there is the appropriate “personal relationship” with the defendant and the defendant committed certain acts or made certain threats against said person. Prior to this Court of Appeals ruling – persons of same-sex dating relationships were relegated to seeking a Civil No-Contact Order or “50C Order.” The 50C Order does not include many of the important restrictions available via a DVPO, such as restrictions on possession of firearms by the abuser. Additionally, a DVPO has stronger enforcement mechanisms since an abuser can be criminally charged with violation of a DVPO and can face incarceration.
Gaining safety in the midst of Domestic Violence is one of the most challenging things any survivor can do, and it takes every tool available to them in order to be successful. This ruling places one more tool in the “tool box” Domestic Violence victims and advocates can utilize to continue the journey toward survivorship.
To read the full opinion from the North Carolina Court of Appeals, click here.
Written by: Tiffany A. Byrd
Edited by: Theresa E. Viera
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
