CHOCIEJ V. RICHBURG, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant dated. On May 31, 2021, there was a fight between the couple, and Defendant broke Plaintiff’s nose with his fists and/or forehead. Another fight broke out between the couple in the bedroom, wherein Defendant used his belt and household items, such…
Many victims of domestic abuse who flee their abuser have to leave the state where the abuse occurred for a number of reasons. If you find yourself in this difficult situation and have moved to North Carolina, what does that mean for your ability to get a Domestic Violence Protective…
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…
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In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction. Plaintiff Father claimed that an ex parte order established a “presumption” supporting a claim for domestic violence under N.C.G.S. § 50B. This article will focus…
Suppose you have filed a complaint requesting a domestic violence protective order against your partner, and before the return hearing required by law you decide that you want to dismiss the complaint. Victims of domestic violence sometimes dismiss claims out of fear of further harm or retaliation. Or they dismiss…
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…