State v. Edgerton (Lawyers Weekly No. 15-07-0770, 6 pp.) (Robert Hunter Jr., J.) Appealed from Rutherford County Superior Court (Gary Gavenus, J.) On remand from the N.C. Supreme Court. N.C. App. Holding: The definition of a “personal relationship” under G.S. ...

Tagged with: DVPO

Thomas v. Williams (Lawyers Weekly No. 15-07-0669, 13 pp.) (Linda McGee, C.J.) Appealed from Mecklenburg County District Court (Elizabeth Trosch, J.) N.C. App. Holding: Even though the parties dated for less than three weeks, they had a “dating relationship” within ...

Tagged with: DVPO

Griffin v. Reichard (Lawyers Weekly No. 15-16-0623, 14 pp.) (Martha Geer, J.) Appealed from New Hanover County District Court (Melinda Crouch, J.) N.C. App. Unpub. Holding: Where the trial court did not make any findings in support of its order ...

Tagged with: DVPO

Stancill v. Stancill (Lawyers Weekly No. 15-07-0606, 24 pp.) (Donna Stroud, J.) Appealed from Pitt County District Court (Lee Teague, J.) N.C. App. Holding: A trial court must hold a hearing prior to issuing an ex parte domestic violence protective ...

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State v. Elder (Lawyers Weekly No. 15-06-0588, 9 pp.) (Paul Newby, J.) Appealed from Mecklenburg County Superior Court (Linwood Foust, J.) On appeal from a divided panel of the N.C. Court of Appeals. N.C. S. Ct. Holding: Although, in a ...

Tagged with: DVPO Fourth Amendment

In re J.W. (Lawyers Weekly No. 15-07-0397, 14 pp.) (Richard Dietz, J.) Appealed from Buncombe County District Court (Susan Dotson-Smith, J.) N.C. App. Holding: Even though many of the trial court’s findings mirror the allegations in the juvenile petitions, since ...

Tagged with: DVPO neglect-adjudication

Forehand v. Forehand (Lawyers Weekly No. 15-07-0009, 10 pp.) (Robert C. Hunter, J.) Appealed from Wake County District Court (Anna Worley, J.) N.C. App. Holding: Although the trial court’s order renewing a domestic violence protective order rests, in large part, ...

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Saunders v. Pedersen (Lawyers Weekly No. 14-16-1141, 7 pp.) (Ann Marie Calabria, J.) Appealed from Union County District Court (Joseph Williams, J.) N.C. App. Unpub. Holding: The incident that caused plaintiff to fear defendant (plaintiff’s ex-husband) happened 21 months before ...

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Judson v. Weiss A plaintiff obtains a domestic violence protective order against his pregnant girlfriend after she won’t stop calling and texting him, chases him into his workplace, methodically searches his employer’s parking lot for his car, peeks in his windows while he is home, and waits at his house until he comes home with another woman at 2:30 a.m. and then blows her car horn and yells at him

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Harmon v. Leeuwenburg Plaintiff alleged that she and defendant were members of the opposite sex who had been in a dating relationship and that defendant “has attempted to cause or has intentionally ... placed [her] or a member of [her] family or household in fear of imminent serious bodily injury or in fear of continued harassment that rises to such a level as to inflict substantial emotional distress” based on defendant’s emails and phone calls, the content of which plaintiff claimed had become “increasingly ... more threatening.” Plaintiff included four handwritten pages of excerpts from the alleged voicemails and emails. She also indicated her belief that there was a danger of serious and immediate injury to her or her children.

Tagged with: Domestic Relations DVPO Motion to Dismiss