Requiring substance abuse treatment in a 50B order

I am contemplating getting a 50-B order on my live-in boyfriend. We usually have a great relationship, except when he drinks, which unfortunately is becoming a problem. He has been physically abusive several times when drinking heavily. I read the 50-B statute today and noticed it allows a judge to “include any additional prohibitions or requirements the court deems necessary to protect any party…” Do you think the court in Mecklenburg County would be willing to require him to complete a 90 Hour SAIOP Program (non-DWI) with the McLeod Center as part of a 50-B consent order? I understand this program is often used for criminal matters, but am unsure if a judge would consider it for a 50-B consent order. I’m fairly certain he would consent to an order requiring him to do that as well as attend the NOVA program.

Yes, it is possible for a judge to order a defendant to complete an abuser treatment program if a domestic violence protective order is being entered against the defendant. I am unfamiliar with the abuser treatment programs in Mecklenburg County, but generally such a program that is approved for criminal matters is oftentimes also available for domestic violence protective orders. If not, the judge will know which programs are available.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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