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The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. The statute defines “domestic violence” as the commission of certain acts by a party to a “personal relationship,” so only individuals in a “personal relationship” are eligible for a DVPO. Accordingly, we find no constitutionally valid rational basis for the statutory classifications created by the definitional subsections at issue.” so that both same-sex and opposite-sex couples are treated in the same way. He would have held the statute unconstitutional as applied to the plaintiff and would have held “that the family court may not utilize these statutory provisions to prevent [the plaintiff] or those in similar same-sex relationships from seeking [a DVPO].”) Obviously, South Carolina cases aren’t binding on North Carolina courts.Same-sex couples who are dating but not living together aren’t in a “personal relationship” as defined by the statute., 576 U. __ (2015) (ruling that the Due Process Clause and the Equal Protection Clause of the Constitution require all states to permit and to recognize same-sex marriages), that distinctions between same-sex and opposite-sex relationships require legal scrutiny. But that court was unanimous on the fundamental equal protection issue.It’s free to publish ads on Locanto, so try it out!Domestic violence protective orders (DVPOs) are available to “persons of the opposite sex who are . Persons of the same sex who are or were in a dating relationship don’t have the same opportunity. The Supreme Court of South Carolina just addressed a related question, and its opinion suggests that the answer is no.(3) Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren.
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