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Domestic Relations – DVPO Complaint – Fear of Defendant – Assaults

Even though plaintiff did not seek a domestic violence protective order (DVPO) until July, when defendant’s report to her employer that she had released his medical information caused her to lose her job, since there was no dispute that defendant had physically assaulted and injured plaintiff in May and again in June, the issuance of a DVPO was mandatory, not discretionary.

We reverse the trial court’s dismissal of plaintiff’s complaint and remand for entry of a DVPO.

Chociej v. Richburg (Lawyers Weekly No. 011-020-23, 7 pp.) (Jeffery Carpenter, J.) Appealed from Durham County District Court (Dorreta Walker, J.) Corey Frost, Dietrich McMillan, Larissa Mañón Mervin, TeAndro Miller, Celia Pistolis and James Battle Morgan for plaintiff; no brief for defendant. N.C. App.

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