Court: NC domestic violence order rule harms LGBT people

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(Photo: MGN Online)

RALEIGH, NC (AP) — A North Carolina appeals court says domestic violence protection orders issued by judges must be granted to someone trying to stay apart from a same-sex dating partner, just like in opposite-sex relationships.

A divided Court of Appeals on Thursday declared as unconstitutional current law expressly limiting such restraining orders upon dating couples to those of the opposite sex.

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The ruling stemmed from a Wake County case in 2018 involving two women. A local judge said she couldn’t issue a domestic violence protection order, citing the law’s language. The ruling could be appealed.

North Carolina appears to be the only state with such expressed limits.

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