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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I need to know the 1. governing NC law\statues of a court

Customer Question

I need to know the 1. governing NC law\statues of a court domestic Order commence and expiration thereof, and
2. process procedure to Motion to invalidate a current (incorrectly) entered domestic Order entered Dec 10, 2015 to expire (incorrectly) Dec 10, 2016. The Dec 10th Order was entered from an ex-parte temp order initially entered Dec 31st, 2014; therefore the judge could and did enter order Dec 10, 2015 BUT should have expired Dec 31st, 2015 (given time served of ex-parte Dec 31st, 2014. NC DVPO only can be entered 1 year. The judge could have informed plaintiff that upon expiration this Order Dec 10th entry expiration of Dec 31, 2015 you can move to extend 1 year. But judge entered to expire 12/10/16 so including the ex-parte its two years. Or am I wrong? I had referenced a Appeals case as well as NC domestic rule if read correctly.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NC Gen. Statute 50b-3(b) it states:
"Protective orders entered pursuant to this Chapter shall be for a fixed period of time not to exceed one year. The court may renew a protective order for a fixed period of time not to exceed two years, including an order that previously has been renewed, upon a motion by the aggrieved party filed before the expiration of the current order; provided, however, that a temporary award of custody entered as part of a protective order may not be renewed to extend a temporary award of custody beyond the maximum one-year period. The court may renew a protective order for good cause. The commission of an act as defined in G.S. 50B-1(a) by the defendant after entry of the current order is not required for an order to be renewed. Protective orders entered, including consent orders, shall not be mutual in nature except where both parties file a claim and the court makes detailed findings of fact indicating that both parties acted as aggressors, that neither party acted primarily in self-defense, and that the right of each party to due process is preserved."
So the initial period of the order expires in not more than 1 year, but it can be renewed for an additional 2 year period. So if the initial order was issued in 2014, but renewed in 2015, the renewal could be according to the statute for 2 years.
Customer: replied 6 months ago.
Ok.. but the initial entry would need to be 12/10/15 expires 12/31/15? and then someone has to request renew, or the court automatically can enter the order 'as was done' 12/10/15 to 12/10/16 w/o need for plaintiff to request renewal? In other words its perfectly fine for court to enter whatever w/o consent or request to extend? I'm confused after reading an appeals case.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
The ex parte order requires a hearing. The court should not have automatically renewed the order without the hearing or anything further, since the ex parte order is to be issued under that same statute only until there is a hearing for a permanent order for the set time.

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