I suspect that judges are receiving DVPO requests arising out of same-sex dating relationships, and I have heard that at least some judges will issue DVPOs in such circumstances.
People who are separated want a defined set of rules regarding dating and sex after separation.
It is not uncommon for one spouse to want to hold on to the marriage while the other is ready to let go and move one with his/her life.
But that court was unanimous on the fundamental equal protection issue.
Using the same lens to look at North Carolina’s statute, there are two provisions that are worth considering: What’s the practice?
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. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. She challenged the law in court, arguing that the exclusion of same-sex couples violated equal protection principles. It stated that it “cannot find a reasonable basis for providing protection to one set of domestic violence victims—unmarried, cohabiting or formerly cohabiting, opposite-sex couples—while denying it to others.