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Legal & Policy Work

 

NCCADV Legislative Agenda 2019-2020

2019 DV Program Budget

The Coalition, member programs, and our allies will advocate strongly with legislative leaders, committee Chairs, and members to retain full domestic violence program funding and push for needed increases to meet the demand in the 2019-2020 state budget.  

2019 Post Session Update: Programs funded at same levels. NCCADV is conducting a needs assessment in anticipation of collaborating with statewide partners to push for needed budget increases.

 

Ensure that Implementing Legislation for North Carolina's new Victim Rights Amendment ("Marsy's Law") is equitable, protects the rights of survivors of Domestic Violence, adn contains no collateral consequences for survivors of Domestic Violence who have cases pending in crimincal court

On November 6, North Carolina voters approved a new Victim Rights amendment. The new amendment will require legislation to implement the language of the amendment, which will require careful consideration of possible collateral consequences for survivors of domestic violence who are victims of crimes or who are victim/defendants with cases proceeding through the criminal justice system. NCCADV will work with our lobbyists and key partners and legislators to ensure DV victims receive adequate attention in the process.

2019 Post Session Update: Marsy’s Law implementing legislation passed in August 2019 with NCCADV and other stakeholder input. Highlights: Protections for survivor confidentiality added to privilege statute, protections for survivor notification of defendant’s pre-trial release, judicial discretion preserved for exercise of rights to protect victim-defendants, and enforcement mechanisms to ensure survivor has recourse if rights are not afforded to them.

 

Amend NC General Statutes to ensure that Misdemeanor Assault Convictions Qualify for Firearm Prohibition Under 18 U.S.C. §922(g)

NCCADV supports changing the criminal code to ensure that that a conviction for misdemeanor assault or assault on a female in NC prohibits a defendant from possession a firearm under federal law. The change is needed after the opinion in United States v. Vinson, 805 F.3d 120 (4th Cir. 2015). In Vinson, the Fourth Circuit ruled that conviction of misdemeanor assault or assault on a female in North Carolina is not a crime that qualifies for a ban on possessing firearms under federal law. NCCADV will work with other stakeholders on a fix that ensures that NC’s assault crimes meet the requirements under the 18 U.S.C.922(g) for firearms prohibition.
2019 Post Session Update: No change; NCCADV continues to communicate with stakeholders about future options to correct for Vinson ruling.
 

Amend NC General Statute §50B to Clarify that Judges have Discretion to Remove Firearms

NCCADV supports amending N.C.G.S. § 50B to reinstate our district court judges’ authority to order the surrender of firearms in any DVPO case where the judge finds it an appropriate remedy for the safety of the victim and children. This amendment is necessary after the decision in Stancill v. Stancill (June 2015) in which the NC Court of Appeals took away this authority and limited the surrender of firearms only after a finding of a “highrisk” factor. This amendment is critical because the risk of homicide is greatly increased when an abuser has access to firearms and when a victim is in the process of leaving an abusive partner. 

2019 Post Session Update: NCCADV defended against an attempt to codify Stancill after a bill was introduced to do so; Worked with a sponsor on an amendment to that bill to correct the Stancill ruling but was ultimately unsuccessful; status of the law remains the same.

 

Amend NC General Statute §50B to Clarify that Plaintiffs have protection if their orders expire betweein filing a motin to renew and the renewal hearing

NCCADV supports amending Chapter 50B to clarify that judges have the authority to continue an order beyond the period of the current order, even if the current order has been in place for the full year (or two years, if the order is one that has been previously renewed), when a plaintiff has filed a motion to renew and the current order expires during the interim between filing the motion and the date of the hearing on the renewal motion.
2019 Post Session Update: No changes here; NCCADV continues to work with stakeholders on possible resolutions.
 

Amend NC General Statute §50B to Provide Equal Protection for All DV Survivors

NCCADV supports amending the “personal relationship” definition included in Chapter 50B to remove the discriminatory “opposite sex” requirement for dating relationships to ensure that all victims of domestic violence are able to get the protection they need, regardless of who they love.

2019 Post Session Update: NCCADV worked with stakeholders to file a brief in support of a same sex plaintiff denied an order on grounds that they were ineligible under the statute; case is under appellate review.

Legislative Summaries 

Past Legislative Summaries

 

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Legal Program

NCCADV is proud to employ two staff attorneys in order to help improve equal access to justice for domestic violence survivors. Our staff attorneys primarily partner with advocates in Johnston and Orange counties to provide direct representation to survivors in need of legal services who otherwise would not have legal counsel, but also provide brief legal advice to survivors across the state as capacity allows.