North Carolina Divorce Lawyers Blog

Articles Tagged with domestic violence protective order

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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 as a lamp, to hit Plaintiff. This caused black-eyes and bruising on Plaintiff. The police were called, but Defendant fled.

Eventually, the police arrested him in July 2021 and charged him with assault on a female. After the arrest, Defendant called Plaintiff’s work and reported that Plaintiff had wrongfully disclosed his confidential medical records to a third party. This resulted in Plaintiff’s termination by her employer. That same day, Plaintiff sought a Domestic Violence Protective Order (DVPO). At the hearing, there was ample evidence of the assaults and damage done to Plaintiff by the Defendant.

The trial court also took into consideration the time between the assaults and Plaintiff’s filing for the DVPO as well as the timing of the filing with her termination. In the trial court’s denial of a DVPO, it specifically noted that the court did not believe that Plaintiff would have sought a DVPO if she had not been terminated, essentially saying that the filing was in retaliation to Defendant’s whistleblowing. Plaintiff appealed. Continue reading →

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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 Order (DVPO)? As it happens, it can make all the difference.

In North Carolina, courts can only hear claims for DVPOs if the plaintiff demonstrates that the court has personal jurisdiction over the defendant.[1] Personal jurisdiction is the right of that particular court to make decisions and enter orders about that person. If a court is to have personal jurisdiction, the court must comply with two different tests: the North Carolina long-arm statute and the Constitutional right to due process. Continue reading →

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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 that Plaintiff communicated to Defendant that Plaintiff’s brother had already made plans to address the lawn. Plaintiff alleged that she was very afraid of Defendant due to his past acts of emotional/physical abuse and past text messages. A temporary ex parte domestic violence protective order (DVPO) was granted. At the return hearing, the trial court granted the DVPO against Defendant. Defendant argued that he had a reason to cut the grass, as he thought the long grass was dangerous and sought to protect the children and their best interests. Defendant appealed. Continue reading →

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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” of domestic violence has occurred. Below is such a case, where it was not a physical altercation but rather words that resulted in a trial on domestic violence. Continue reading →

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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 on the domestic violence action only. Continue reading →

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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 for other reasons: they decide to reconcile; they find themselves in an adverse financial position; they reconcile for the children; or they lack sufficient evidence to prosecute the claim. What type of dismissal should you enter if you are the victim and find you need to file the dismissal before the hearing? Continue reading →

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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 the issues must be necessary and essential to the resulting judgment. Read on to see what happens when the trial court enters an order contrary to the previous findings of facts and the conclusions of law. Continue reading →