DVPO without the DV?

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Train Wreck:

Greetings. Sorry to hear about the misuse of the DVPO. Here are my answers:

  1. No.

  2. Yes, depending on rules of evidence. If the issue was raised to prove your conformity with that behavior, your attorney should have objected to its admissibility.

  3. Yes, but once again it depends on rules of evidence. You may want to do a Rule 59/60 hearing based on new evidence. This is quicker than an appeal and often more effective.

  4. You can only contact her through her attorney, your attorney, or a Sheriff. Do not contact her through anyone else and leave a message. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

My soon to be ex, is a drop dead gorgeous, drama queen that knows how to play the victim role very, very well. She obtained a DVPO because

  1. I locked her out of the house after an argument. (She left and got an apartment the next day).

  2. When she called me a week later I allegedly told her “I have connections” (To wit she percieved a threat)

  3. An argument that was addressed by another judge in another state that happened more than a year ago. In which she got a PPO and then had it dropped 45 days before we ultimately got married.

During court she mentioned other arguments we had had that were not listed on the complaint.

The judge granted the DVPO for one year. The record is noted with my intent to appeal and I will likely seek counsel to perfect it.

My questions are:

  1. Are issues of consideration by a Judge in a DVPO hearing limited to what is contained in the complaint?

  2. Can issues previously adjudicated (and/or greater than six months) be considered?

  3. Does a petitioners past record of obtaining and dropping PPO’s against other people matter (I have recently learned my ex has had 5 in 2 states and 3 counties all of which were short term)?

  4. I am moving from our apartment and will not take her belongings. We have been married for less than a year and did not acquire much together and there are no kids involved. I cannot contact her due to the DVPO and let her know. I want to advise her parents or someone around her or is that “leaving messages for her?”

Thanks for your reply.

Thanks for your reply.

No one makes you inferior without your permission. - Eleanor Roosevelt

3

Dear Ms. Fritts,

I believe the question that Train Wreck was asking in (4) was, “Is it ok to talk with someone that is close with the plaintiff in a DVPO case, as long as you do not ask them to contact the plaintiff in any way, provided that the Ex Parte order does not prevent communication with that particular person?”

4

Yes, so long as it is not an indirect attempt to communicate with the Plaintiff.

5

So in “Train Wreck’s” example, would it be ok to talk to the plaintiff’s parents and tell them that you are moving out of the apartment and that all of her (since almost all plaintiffs in dvpo cases that are upheld by the court are female) things will remain untouched…so long as you do not ask them to relay the information to the plaintiff?

6

Yes, that would be fine.