GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

 

 

SESSION LAW 2009-425

SENATE BILL 1062

 

 

AN ACT strengthening domestic violence protective orders to provide for the protection of pets.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 50B-3(a) reads as rewritten:

"(a)       If the court, including magistrates as authorized under G.S. 50B-2(c1), finds that an act of domestic violence has occurred, the court shall grant a protective order restraining the defendant from further acts of domestic violence. A protective order may include any of the following types of relief:

(1)        Direct a party to refrain from such acts.

(2)        Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household.

(3)        Require a party to provide a spouse and his or her children suitable alternate housing.

(4)        Award temporary custody of minor children and establish temporary visitation rights pursuant to G.S. 50B-2 if the order is granted ex parte, and pursuant to subsection (a1) of this section if the order is granted after notice or service of process.

(5)        Order the eviction of a party from the residence or household and assistance to the victim in returning to it.

(6)        Order either party to make payments for the support of a minor child as required by law.

(7)        Order either party to make payments for the support of a spouse as required by law.

(8)        Provide for possession of personal property of the parties.parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household.

(9)        Order a party to refrain from doing any or all of the following:

a.         Threatening, abusing, or following the other party.

b.         Harassing the other party, including by telephone, visiting the home or workplace, or other means.

b1.       Cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household.

c.         Otherwise interfering with the other party.

(10)      Award attorney's fees to either party.

(11)      Prohibit a party from purchasing a firearm for a time fixed in the order.

(12)      Order any party the court finds is responsible for acts of domestic violence to attend and complete an abuser treatment program if the program is approved by the Domestic Violence Commission.

(13)      Include any additional prohibitions or requirements the court deems necessary to protect any party or any minor child."


SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 28th day of July, 2009.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Beverly E. Perdue

                                                                         Governor

 

 

Approved 2:45 p.m. this 5th day of August, 2009