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Home / Opinion Digests / Civil Practice / Civil Practice – No-Contact Order – Lack of Fear (access required)

Civil Practice – No-Contact Order – Lack of Fear (access required)

Mills v. Funkhouser The trial court based its conclusion that defendant had committed unlawful conduct against plaintiff solely on one finding of fact: “Defendant has on more than one occasion driven by the Plaintiff’s house causing the Plaintiff to fear for the safety of his father. 5 years of harassing.” However, plaintiff never indicated that he feared for the safety of his father; he merely testified that he did not want defendant engaging his father in conversation because his father didn’t “need to hear that mess.” The remaining finding, “5 years of harassing,” standing alone, does not support a no-contact order under G.S. § 50C-1(6).

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