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North Carolina Domestic Violence Best Practices Guide for District Court Judges

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North Carolina Domestic Violence Best Practices Guide for District Court Judges North Carolina Domestic Violence Best Practices Guide for District Court Judges July 2010 (updated June 2012) North Carolina Administrative Office of the Courts Sarah Parker, Chief Justice John W. Smith, Director Supreme Court of North Carolina Administrative Office of the Courts TABLE OF CONTENTS INTRODUCTION.................................................................................................................. 4 DOMESTIC VIOLENCE ADVISORY COMMITTEE MEMBERS.......................................... 6 PART 1: BEST PRACTICES ............................................................................................... 8 Best Practice #1: Enhanced Safety ................................................................................................................. 9 Best Practice #2: Effective Scheduling........................................................................................................... 9 Best Practice #3: Specialized Judges............................................................................................................. 9 Best Practice #4: Continuance Policies........................................................................................................ 10 Best Practice #5: Local Rules........................................................................................................................ 10 Best Practice #6: Community Resources..................................................................................................... 11 Best Practice #7: Providing Information to the Judge ................................................................................ 11 Best Practice #8: Child Safety and Custody ................................................................................................ 11 Best Practice #9: Comprehensive Orders .................................................................................................... 12 Best Practice #10: Victim Access to Courts................................................................................................. 12 Best Practice #11: Self-Represented Parties ............................................................................................... 13 Best Practice #12: Victim Safety and Offender Accountability.................................................................. 13 Best Practice #13: Compliance Hearings ..................................................................................................... 13 Best Practice #14: Federal Law Requirements ............................................................................................ 14 PART 2: IMPLEMENTATION STRATEGIES AND RECOMMENDED COURT PROCEDURES.................................................................................................................. 15 Section 1: Court Safety and Security............................................................................................................ 16 A. Courtroom Safety ...................................................................................................................................... 16 B. Courtroom Setup....................................................................................................................................... 19 C. Courthouse Security ................................................................................................................................. 20 Section 2: Scheduling Civil and Criminal Domestic Violence Cases ........................................................ 22 A. Scheduling Criminal Domestic Violence Cases........................................................................................ 22 B. Scheduling Civil Domestic Violence Cases .............................................................................................. 26 N.C. Domestic Violence Best Practices Guide for District Court Judges Version 2012 | Page 1 of 123 C. Coordinating Civil and Criminal Domestic Violence Cases ......................................................................27 D. Scheduling Chapter 50C Cases ............................................................................................................... 27 Section 3: Specialized Judges....................................................................................................................... 29 Section 4: Continuance Policies ................................................................................................................... 30 Section 5: Local Rules.................................................................................................................................... 35 Section 6: Coordinating with Community Resources and Conducting Local Domestic Violence Advisory Committee Meetings ...................................................................................................................... 37 A. Community Resources.............................................................................................................................. 37 B. Local Domestic Violence Advisory Committee ......................................................................................... 38 Section 7: Ex Parte and Permanent Order Hearings ................................................................................... 41 A. Ex Parte Hearings..................................................................................................................................... 41 B. Address Conflicting Orders in Ex Parte and Permanent DVPOs ............................................................. 42 C. Gathering Relevant Information................................................................................................................ 42 D. Magistrates and Ex Parte Orders ............................................................................................................. 43 Section 8: Custody and Visitation................................................................................................................. 45 Section 9: Making a Child Abuse/Neglect Report to the Department of Social Services........................ 51 Section 10: Ex Parte and Permanent Domestic Violence Protective Orders............................................ 54 A. Behaviors Prohibited in Protective Orders................................................................................................ 54 B. Issues Judge Should Reinforce After Domestic Violence Protective Order is Entered............................ 59 C. Compliance Review Hearings for Domestic Violence Protective Orders ................................................. 60 D. Consent Orders......................................................................................................................................... 60 E. Renewal Orders ........................................................................................................................................ 61 F. Orders in Effect When Courthouse Closed............................................................................................... 61 Section 11: Plaintiff Motions to Dismiss or Set Aside Domestic Violence Protective Order.................. 63 Section 12: Self-Represented Litigants ........................................................................................................ 66 Section 13: Initial Appearance: Bond and Pretrial Release Conditions.................................................... 69 A. Active Judicial Monitoring for All Domestic Violence Cases..................................................................... 69 B. Procedures When Setting Bond................................................................................................................ 69 C. Factors to Consider When Setting Bond and Pretrial Release Conditions .............................................. 71 D. Bond and Pretrial Release Conditions...................................................................................................... 72 E. Matters to Address at Bond Setting .......................................................................................................... 74 Section 14: Reluctant Victims........................................................................................................................ 77 Section 15: Sentencing the Domestic Violence Offender...........................................................................82 Section 16: Compliance Hearings ................................................................................................................. 90 Section 17: Federal Law and Domestic Violence ........................................................................................ 93 Section 18: Abuser Treatment Programs ..................................................................................................... 98 N.C. Domestic Violence Best Practices Guide for District Court Judges Version 2012 | Page 2 of 123 APPENDICES.................................................................................................................. 101 Appendix A: Interpreting Services .............................................................................................................. 102 Appendix B: Chapter 50C............................................................................................................................. 105 Appendix C: Links to State and Federal Statutes.....................................................................................
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