Articles on DVPOs

I am happy to announce the release of a new resource on Domestic Violence Crimes and the 48-Hour Rule. This guide is intended primarily to assist magistrates and others in applying the 48-hour rule as described in G.S. 15A-534.1. The printed version of the guide uses a trifold design which opens to one long chart of offenses covered under the terms of the statute.

Last week, in the first part of this two-part series, I talked about the “crime of domestic violence” ground of deportability for noncitizens and what role convictions of North Carolina offenses play in triggering that ground. This post covers immigration consequences of the “stalking” and “violation of protection orders” grounds of deportability.

Same sex marriage has been permitted in North Carolina for a couple of weeks. Shea blogged here about one potential criminal law implication: the possibility, discussed in a memorandum from the Administrative Office of the Courts, that magistrates could be charged criminally for refusing to marry same-sex couples. As noted in this recent news article, a number of magistrates have resigned as a result. But the issue I’ve been asked most about is how same-sex marriage relates to our domestic violence laws.

Not showing up for court is, generally speaking, bad trial strategy.  In criminal court, such behavior can result in such unpleasantness as entry of an order for arrest and the […]

Background. In State v. Byrd, 363 N.C. 214 (2009), the state supreme court concluded that an ex parte domestic violence protective order, or DVPO, was not a “valid protective order” […]

In a post here, Jeff wrote about the N.C. Court of Appeals decision in Kenton v. Kenton, holding that a consent domestic violence protective order (DVPO) lacking any finding that […]

The court of appeals recently decided Kenton v. Kenton, a civil case of major significance for criminal lawyers. In a nutshell, a wife sought a domestic violence protective order (DVPO) […]

I thought that I might blog today about the Sotomayor confirmation hearings, but they’ve been thoroughly dull. The only piece I’ve seen that makes them seem even a little bit […]