Plaintiff filed a complaint and motion for domestic violence protective order (hereinafter “DVPO”) on March 12, 2021. When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened use or actually used a firearm in the context of domestic violence. However, Plaintiff did describe instances of harassment. Additionally, when…
KEENAN V. KEENAN, 2022-NCCOA-554. Facts: Plaintiff and Defendant were divorced. In August of 2022, Plaintiff alleged that Defendant came to her home to cut some grass despite Plaintiff telling Defendant not to do so. Defendant then refused to leave the home when Plaintiff asked several times. It should be noted…
In Re TB, 2022-NCSC-43. Facts: In January of 2019, Mecklenburg County DSS filed a petition alleging that the minor child in this action was neglected and dependent. They later moved her to foster care. The petition was initiated when police reported a domestic violence incident in the child’s home in…
Hitchcock v. Rupert, 2022-NCCOA-268 (2022) (unpublished). In North Carolina, domestic violence falls under Chapter 50B of the General Statutes. It serves to protect a party who is or was in a relationship with the perpetrator. Harassment can rise to a level where a domestic violence order of protection is proper.…
Samantha S. Erks, JD Same-sex dating relationships are just like opposite-sex relationships in many respects: meeting, dating, and, hopefully, moving on to something deeper. Sometimes, however, just like in opposite sex relationships, same-sex relationships eventually do not work out. And sometimes, same-sex relationships REALLY do not work out and, just…
Walker-Snyder v. Snyder, 2022-NCCOA-97 (2022) In North Carolina, domestic violence is not always caused by a physical act. Under the 50B statutes, actions that meet the definition of stalking can also result in the granting of a domestic violence protective order, even though the court must find that an “act”…
In North Carolina, people who are in a personal relationship can apply for a protective order under chapter 50B of the statutes called domestic violence protective orders. This amounts to an Order of the court that directs the defendant to refrain from certain acts, excludes them from physical locations such…
The ongoing coronavirus pandemic can add another disturbing statistic: domestic violence incidents have increased in North Carolina. Isolation and lockdowns likely have exacerbated conditions that may have been already present in a rocky relationship. Financial woes and job loss have only increased the stress. For some, these circumstances amounted to…
Doyle v. Doyle, 176 N.C. App. 547 (2006) Sometimes, what kicks off a divorce is not a slow descent into a frustrating marriage, but instead a jarring and violent incident that cannot be reconciled. Domestic Violence Protective Orders (DVPO) can be granted to spouses that fear for their or their…
The doctrine of collateral estoppel prevents courts from entering findings of facts or conclusions of law contrary to previous litigation. The issues must be the same. The issue must be raised and litigated. The issues must be material and relevant to the disposition of the prior action, and determination of…