DVPO Appeal


#1

Dear kabe888:

Greetings. Yes, there is an appeal process for the domestic violence action, if you act in a timely manner. Speak with an attorney. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

QUESTION: Obviously without substantially more detail it would be hard to ask if an appeal is warranted. However, is there atleast an appeal process for a DVPO that was issued?

I was accused of domestic violence by my fiance. We were together for 10 years, engaged for 6 years. The accusations were fabricated. I went to court on Monday, 08 May 2006. I showed up with phone records, e-mails, and specific dates. She had no supporting documentation. She made vague statements, included no specific dates. No police reports, or even calls for that matter, no medical reports, nothing to substantiate the claims. This was all presented to the judge yet the order was granted. She filed the complaint 2-days after I gave her a draft of our separation agreement. She is upset about the equitable distribution of assets. That is why she filed this. She wants to be alleviated from some of our joint financial responsibilities.

I feel the judge erred in the decision by ignoring the facts and also on the process. The judge stated findings that my ex asked me to not contact her. However the DVPO said that the judge found that I hit my ex. I have ordered a tape of the proceedings and have lined up a court reporter to transcribe so I have a record of the proceedings. I want to proceed w/an appeal.

Now I’m getting on the soapbox:

After sitting in court Monday I believe the vast majority of people committed the abuse they were accused of. However, I believe the courts are VERY biased and this hurts the person, albeit rare, that is innocent. Also there is a huge discrimination against men. The vicitm assistance at the courthouse is only available to females, men have to file on their own and figure the process out on their own. Surprisingly about 1/3 of the cases in court that morning were men seeking protection from women.

I have never been in trouble with the law (2 speeding tickets). So for me, this has been an eye-opening experience. The justice system has serious flaws. It the case of DVPO’s it is definitely guilty until proven innocent. The burden of proof on the plaintiff is ridiculously low. Maybe this is the way it has to be. I don’t know. What I do know is that I did not do what was alleged. I made the mistake of not hiring an attorney with the belief that no judge would upheld the absurd allegations that were made about me without proof. BAD DECISION! I am 230 lb and my ex is 120 lb, I believe the decision was rendered the minute we walked up to the bench, before anybody made any statements.


#3

kabe888 - I have had the almost exact same experiences that you have. It is absolutely pathetic how little evidence (verbal testimony only of the victim is sufficient) must be presented to hold up a DVPO. In addition, I asked the plaintiff’s fiance, while we were in court for the DVPO hearing, if he thought there was any way that the situation could be resolved before it went before the judge (you know, attorney/arbritration intervention) and somehow my words got twisted around to say that I had told him to tell her that if she dropped the charges I would leave her alone. Well, needless to say the judge upheld the order, and immediately afterwards the plaintiff went to the magistrate and filed a violation of DVPO against me because apparently I hurt her relationship with her fiance too bad because of the things that SHE said and did to me! Now, over 3 years later, some stupid pig looks up my information on NC Aware and now I am forced to defend myself against these charges and treated like a d*^% wife beater. THE SYSTEM MUST BE CHANGED TO PROTECT THE INNOCENT!!! Is there a way to appeal a DVPO decision over 3 years after the decision was made???


#4

No, you cannot appeal the order at this time.