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Civil Practice – No-Contact Order – Stalking – No Intent Finding

Civil Practice – No-Contact Order – Stalking – No Intent Finding

In its civil no-contact order, the trial court failed to make any finding that defendant specifically intended to cause any of the harms listed under G.S. § 50C-1(6). Regardless of whether there was sufficient evidence to support the trial court’s finding of harassment, issuance of a proper civil no-contact order for stalking requires the trial court to find defendant had specific intent to act in accordance with subsections a. and b. of § 50C-1(6); such a finding must be specifically made and will not be inferred.

We reverse the trial court’s civil no-contact order.

Figueroa v. St. Clair (Lawyers Weekly No. 012-140-23, 6 pp.) (Julee Flood, J.) Appealed from Henderson County District Court (Mack Brittain, J.) Jose Luis Ramirez Figueroa, pro se; James Middlebrooks for defendant. North Carolina Court of Appeals (unpublished)

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