Thank you for your response.
We have a new situation. Husband was in the hospital on the mental health ward before going to court for the DVO. While in the hospital he called the home and left a message; obviously not in the right frame of mind. He was served by a sheriff in the hospital and the sheriff told him that if you are still here before the court date(which he was) just make sure you go to court on the original date; which he did. The wife on the stand said he called the house and left a message explaining to the judge what the message said. (As per my original post, where the judge gave her the 12 month restraining order.)
Today the sheriff arrives looking for him because they have a warrant for his arrest. I showed the sheriff the original DVO (which he was served at the hospital) and final papers from the court and signed by judge;( I did not have the 2nd summons) I told him I thought this settled it. How can they try and arrest him - he was in the hospital, showed up in court as summoned? This makes no sense. Is this a case of lack of communication on the court and sheriff’s office (Johnston Co.) He cannot afford an attorney.
Would the original DVO and the violation be “combined” when he went to court? If that’s not the case. . why didn’t they arrest him when he left the hospital, why didn’t they arrest him in court and why didn’t the arrest him when escorted by sheriff to retrieve his personal belongings? This is so upsetting.