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    Posted April 21, 2012 by
    MiMiL
    Location
    RALEIGH, North Carolina

    More from MiMiL

    NC DOMESTIC VIOLENCE PROTECTION ORDERS

     

    DVPO - Legal and lawful ??????

    Truth, Justice or AMERICAN WAY?

     

    NO COA11-531

     

    Filed February 7, 2012

     

    North Carolina Court of Appeals

     


    The above appeal might be an important document that
    anyone who has a NC DVPO needs to check out.

     


    When parties go to court and and enter into a *consent DVPO*, without express findings of fact regarding the behavior of either party, there might be a question as to whether or not the DVPO is actually legal..

     

    In the above case it was "acknowledging that the Consent DVPO lacked a conclusion of law or finding of fact regarding an act of domestic violence."

     

    "The defendant claims that the trial court erred by denying his motion to dismiss the plaintiff's motion to renew the Consent DVPO because the Consent DVPO was void ab initio. Defendant bases his argument on the fact that the Consent DVPO contained no findings of fact or conclusions of law establishing that he committed an act of domestic violence. Because we are bound by this Court's decision in Bryant v. Williams, 161 N.C. App. 444, 446-47, 588 S.E. 2d 506, 507-08 (2003), we must agree. "

     

    And the case appeal paperwork goes on to explain why.

     

    (Please research this and get a full copy of what has been filed for this case)

     

    "Without a finding by the trial court that an act of domestic violence had occurred, the trial court had no authority under Chapter 50B to enter an order for the purpose of ceasing domestic violence between the parties."

     


    A Protection Order is only valid when there has been findings of fact regarding the behavior of either party.

     

    I would also like to share with the public that my son has been under this kind of DVPO and has been falsely accused of multiple violations of it. He has been indicted by the Grand Jury in Raleigh, North Carolina, not once, but at least twice, for crimes that did not happen, as there was no proof of any crime(s) being committed presented to the Grand Jury when the true bill of indictment was handed down.

    Is this TRUTH, JUSTICE OR THE AMERICAN WAY?

     

    He has been charged on multiple violations, jailed and there has been no arraignment or trial yet on the charges which he was falsely accused of back in June 2010.

    Is this TRUTH, JUSTICE OR THE AMERICAN WAY?

     

    All of the false accusations have been made to keep John from seeing his daughter and he has not been allowed any communication with her for 2 years, although there was a signed agreement for visitation which was mutually agreed on by both parties, and North Carolina has a Father's Rights Law.

     

    It is sad that multiple attorneys, ADAs and Judges have all been involved in this matter and not any of them have done anything to *settle the ssues*.....although this law has been in effect since 2003.

    Is this TRUTH, JUSTICE or the AMERICAN WAY?

     

    Corruption and Cover up is a part of North Carolina Judicial Systems.

     

    Is anyone in charge of what goes on in the North Carolina Courts? It seems like everyone has indeed "passed the buck".

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