Before issuing an ex parte domestic violence protective order, a trial court must hold a hearing and that hearing, if before a district judge, must be recorded because it does, in fact, constitute a civil trial under state law, the ...

Tagged with: Domestic Violence Protective Order North Carolina Court of Appeals

State v. Edgerton (Lawyers Weekly No. 14-07-0572, 22 pp.) (Robert N. Hunter Jr., J.) (Chris Dillon, J., dissenting) Appealed from Rutherford County Superior Court (Gary Gavenus, J.) N.C. App. Holding: Defendant was charged with violating a domestic violence protective order ...

Tagged with: Domestic Violence Protective Order

Henderson v. Henderson (Lawyers Weekly No. 14-07-0500, 21 pp.) (Linda Stephens, J.) Appealed from Wake County District Court (Ned Mangum, Robert Rader & Margaret Eagles, JJ.) N.C. App. Holding: Once an ex parte domestic violence protective order has been issued, ...

Tagged with: Domestic Violence Protective Order

Giving new definition to the phrase “a woman scorned,” a recent case out of Mecklenburg County gave Sidebar the opportunity to put on the Dr. Phil hat and ask both parties: “What were you thinking?”

Tagged with: Domestic Violence Protective Order Sidebar

U.S. v. Mahin The 4th Circuit affirms the 18 U.S.C. § 922(g)(8) firearm conviction of a man who left the courtroom after being served with a domestic-violence protective order and went to a firing range for target practice, and then violated the order by going to the marital home to leave his firing-range membership card for his wife; however, the appellate court reverses one count of the conviction because simultaneous possession of firearms and ammunition can only support one count under the statute.

Tagged with: Constitutional Criminal Practice Domestic Violence Protective Order Gun Possession Second Amendment