NC Domestic Violence Protection Orders ****
Posted in the Cary Forum
#1 Apr 26, 2012
DVPO - Legal and lawful ??????
Truth, Justice or AMERICAN WAY?
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".
#2 May 4, 2012
#4 Jun 4, 2012
MiMi - I would love to get in contact with you some day regarding this matter as I have found myself in a similar situation. I am registered to see if someone responds to this and if you do I will provide an email address. I am located in Wake County, NC and I have been through similar and have invoked Kenton Vs Kenton in my case and got the DVPO set aside, I would love to bounce ideas off what you have learned for my up and coming Motion for relief of judgment
#5 Jun 25, 2012
So what do you need to know?
Let me know and I will do whatever I can.
It is interesting just how the judges in Wake County have *overlooked what is there*....
#6 Jun 25, 2012
Well, the trial has long since come and gone and she wasn't able provide the facts to support her claims so the DVPO was not reissued. However, I noticed something alarming while I was in there.
Even though a "consent DVPO without findings of fact" is not a valid DVPO, what the Wake County Judges are doing is "checking the box" anyways that states there were findings of fact.
This I believe to be manipulation of the system in order to benefit the many women who utilize and abuse this service.
These Judges in Wake County are clearly violating the rights of many men who come in there and have to prove themselves in a "he said, she said" trial without a jury. Some say it sounds silly to have a jury trial; however, when your second amendment right is stripped away and you live under the constant fear of arrest if she calls "worried and scared" I would say a trail by a jury of your peers should be an option.
It is long time to get this screwed up system we live in overhauled.
#7 Jun 25, 2012
Hello Robert...sorry I did not answer your post earlier but I only happened to view it this morning...
Do not know if you have read any of what took place with my son or not...as I have several CNN IREPORTS on it and I have also emailed the North Carolina General Assembly several times about all of this....and I noticed you are from Cary as well....but I will share this much with you.
The ex wife of my older son and her sister reported *false accusations* about my son....and it was the Cary Police Department who was involved in this....( the case also traveled to several different counties as well, as it is a very complicated *story*)....but anyway....he was *INDICTED not ONCE but TWICE* on criminal charges which had NO EVIDENCE of a crime being committed.
He was jailed numerous times, with bonds each time and he actually paid a couple of attorneys and then had to get appointed attorneys through all of this *GREAT SAGA*....an attorney and Amily McCool thought that they would *trick or force*(or whatever you care to call it) him into taking a plea deal....for something that DID NOT EVEN HAPPEN....AN INNOCENT PERSON SHOULD NEVER, EVER TAKE A PLEA....people need to understand that when they take PLEA DEALS it is a *sweet deal* for the prosecutors....THEY DO NOTHING TO PROVE ANYTHING....they appear and indicate that a deal has been made and that it all....WHILE AN INNOCENT PERSON GOES TO PRISON....by the way....my son's charges have all been *DISMISSED*....interesting since no one ever really had any *EVIDENCE* in the first place.
OK....so back to the DVPO....IF the judges are checking the bos stating there were finding of facts....when there was NO PROOF....then these people SHOULD REPORT THESE JUDGES WHO ARE DOING THIS....there is all sorts of CORRUPTION AND COVER UP EVERYWHERE....
So just how did you *discover this*? I noticed you did say that your DVPO was NOT approved since she did not have *facts to back it up*....so I am interested in knowing how you found this out....
You are correct in saying that WAKE COUNTY JUDGES are violating the rights of man men who appear in court there....I could share with you all sorts of *things that I saw in my many *visits* to NC Court rooms in the past few years....I could WRITE A BOOK AND PEOPLE WOULD SWEAR THAT I WAS LYING....only those who know me and the type of person I am would know it to be the truth, the whole truth and nothing but the truth....My son's rights were VIOLATED many,many times....in more way than one.
#8 Jun 26, 2012
Minnesota Judge Has 200 Blunt Words for Divorcing Parents
By Judge Michael Haas, 2001
"Your children have come into this world because of the two of you. Perhaps you two made lousy choices as to whom you decided to be the other parent. If so, that is your problem and your fault.
No matter what you think of the other party-or what your family thinks of the other party-these children are one-half of each of you. Remember that, because every time you tell your child what an "idiot" his father is, or what a "fool" his mother is, or how bad the absent parent is, or what terrible things that person has done, you are telling the child half of him is bad.
That is an unforgivable thing to do to a child. That is not love. That is possession. If you do that to your children, you will destroy them as surely as if you had cut them into pieces, because that is what you are doing to their emotions.
I sincerely hope that you do not do that to your children. Think more about your children and less about yourselves, and make your a selfless kind of love, not foolish or selfish, or your children will suffer.
(this following article was provided by Terri Farrington Smith-thank you for sharing this. I think every FAMILY COURT JUDGE IN AMERICA should provide a copy of this to every parent who are getting a divorce.)
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