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…
Articles Posted in 50B Protective Order
Can My DVPO Be Re-Argued in Child Custody Court?
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…
Collateral Estoppel Explained
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…
Ask Carolyn: Can DSS Use a Dropped 50B As Evidence of Child Abuse?
Hi, Ms. Carolyn My wife and I need some advice. In 2009, we had to see a judge in a matter of a 50B taken out by my stepson’s father based upon alleged child abuse. The 50B judge said that we would revisit the 50B issue after DSS finished their…
Ask Carolyn: How do I Defend Myself Against a 50B Protective Order?
Dear Carolyn, My wife keeps threatening me with a 50B. We do argue, but I have never laid a hand on her or even threatened her. She says in court it will be her word against mine. Is there anything I can do to protect myself? I don’t want to…
What Happens When My Domestic Violence Protective Order Expires?
Dear Carolyn, I have a domestic violence protective order, but the one year expires next month. I am still afraid of her. She came at me with a knife, but luckily, I was able to get away. She still posts statements on Facebook that let me know she is still…
Return of Firearms After a Domestic Violence Protective Order
Dear Carolyn, I want my guns back. My ex-wife filed a 50B for domestic violence that never happened, and the judge took my guns away. The incident, she fabricated, didn’t even involve a gun. The year is up, so how do I get my guns back? Carolyn Answers… Unless…