Legislative “Fix” for State v. Byrd

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Remember State v. Byrd, the case that held that ex parte domestic violence TROs aren’t “protective orders” under Chapter 50B? I blogged about it here, and I highlighted a more detailed summary by John Rubin here. Byrd always seemed like a likely candidate for a legislative “fix,” and in fact, the General Assembly passed, and Governor Perdue recently signed, H 115, which de facto reverses Byrd.

Since John prepared his earlier summary, he seems to have felt some responsibility to analyze the new legislation. As usual, the resulting short memorandum is top-notch. Learn all the ins and outs of the new law by accessing John’s work here.

3 comments on “Legislative “Fix” for State v. Byrd

  1. Quest for Justice for John and Gretchen

    It seems that Wake County ADA Amily McCool has gotten a GRAND JURY Indictment handed down on a Mebane man without any solid proof of this crime, which is “attempted 2nd degree RAPE…so how exactly…

    Click the following link to view the full article:
    http://ireport.cnn.com/docs/DOC-527813?ref=email

  2. NC 50B should be applied to both parties……if one is ordered by a judge….if not, one partner can continue to harrass the other party and keep the person like a puppet on a string….truly….this happens….as did with my older son…..the person who obtained a Protection Order stated she was so afraid of him…..but yet she continued to call him, email him, text him…and finally lurked him back into the bed…..hooking up again….all while a 50 B was in place….even went on a vacation….she got him to pay thousands of $ in bills for her and then when she has used him, abused him, chewed him up and spit him out….she cried RAPE…..even though the 2 of them had sex from Feb – May…..she even threaten to stab him in the heart…..when he sought help for her from a sister…..she did not like this one bit….so she told him she was going to call the police and she did just that….told them she had been raped…but would not go for medical check since she had also been hooking up with another man…..and this is NC LAW now…..someone needs to change how people are abusing the 50 B…..I would like to know just how many times this has happened…and the woman has gotten by with ruining a man’s life…..this ex wife happened to be abused by her father….and the family did absolutely nothing about it….the last assault on the ex wife was around her being 29 years old….now….she had several sisters and a brother…and the mother is still living….and not one of them did anything about this…..daddy dearest was mayor of a small town…..
    perhaps this is the reason…..daddy puts his pants on like any other man….so why in the world did someone not take up for this person?

    And now they are getting revenge….except the revenge is on the wrong person….and all of them think this is a normal life…..heaven help these people….and I sure hope that everyone who reads what is going on will call the WAKE COUNTY DA office…..tell them that something needs to be done….

    THE NEXT VICTIM might be your son……get this changed before it is too late….

    • I’ve been going through this 50b thing for a long time..My ex-wife works at the court house in Scotland County and harasses me daily, stalks me, and threatens me constantly. I tried to press charges and ended up being arrested myself. It seems that no matter what proof I provide of the harassment nothing is done..example she tried to back over me,knocking me up on the trunk of her car and them tried to smash me into the house in front of my two kids…law does nothing..all charges dropped….this has to end!.I’m currently on probation for violating a protective order that was not “valid”…Jan 30th I will probably be sent to prison for 150 days for missing One Curfew on that probation…According to Scotland County ONE MISSED CURFEW is a major offense…..

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