Court Shopping

H

Hakusho919

New Member
Jurisdiction
North Carolina
North Carolina

Hello,

I am currently in a DVPO situation. I filed for a DVPO in Wake County on 02/23/24. The defendant attempted to file an ex parte in retaliation but Wake county denied and told the defendant to present her case on my date. Immediately the next day the defendant goes to another county and presents the same information but does not admit they have a current hearing in another county. What are the chances the defendants ex parte gets dismissed because they did not tell the truth.

I had a ex parte served on me. In the process the plaintiff went straight to the magistrate and swore that I called her a couple of times on four different dates and stated "if you know what is good for you, you will drop the charge or you will end up in a body bag".

Obviously I did not say this or call her. I would not risk my job or life and I have not spoken to this woman since January 2024.

How could she get this approved without probable cause?

Then I am being told by a lawyer that the judge will believe her when she states I called her from another phone when I only have a cell phone.

The lawyer flat out said the odds are against but I have to remain optimistic. I do not really know how to remain optimistic when you literally tell me she can state I called from another phone a believe her when I have phone records from my cell phone and no other phone.
 
Hakusho919 said:
How could she get this approved without probable cause?
Click to expand...

Probable cause is a standard that the government must meet in order to arrest someone, charge a person with a criminal offense, or to get certain warrants from the court. This is not that situation.

In most states (with CA being the most notable exception) an ex parte order is a temporary one that is granted on the petition of one party before the other party may be served and have the chance to respond. Thus, in the majority of state, in order to get the ex parte order, the person seeking the order has to show some circumstance where waiting for a full hearing on the matter may result in harm, either to a person or to property of the person. They are routinely granted when a person goes to court claiming that the person they want the restraining order against poses a threat of imminent physical harm to them. That's because the judge acts out of caution to prevent the potential harm that the petitioner is complaining about. But the court will then schedule a hearing where both sides are present to determine if the temporary order will be made permanent.

You may be able to file a motion in the other court to dismiss the matter there because of the action already taking place in Wake County on a related matter. I suggest you discuss that with a family law attorney, as they are often the most knowledgable about these kinds of orders as they arise of often in divorce, custody, and other family disputes.
 
So how is that fair that she can go to a magistrate and swear out a warrant claiming on did x, y, z without any proof. Like anyone can just mess with someone's life like this and there are no consequences??

Are there such things as "hanger" judges that won't even care about the facts and just say someone is guilty for violating the order.

The main is that I am law enforcement and would never jeopardize my career and life by knowingly and willingly violate the order. She literally claimed I called her over a course of 4 days multiple times and I can prove my phone records will show that I did not.

If someone came to Wake County or Durham County they would not approve as probably cause for an arrest warrant.
 
Could she get in trouble for perjury? Is it hard to prove that? How do I make it stop?
Is my life over all because I dated someone for 4 months and she didn't like the rejection? I am not suppose to be able to take abuse or harassments like this.
 
Hakusho919 said:
Could she get in trouble for perjury? Is it hard to prove that? How do I make it stop?
Is my life over all because I dated someone for 4 months and she didn't like the rejection? I am not suppose to be able to take abuse or harassments like this.
Click to expand...
If the actions of the other party vex or frustrate you, hire an attorney to litigate the matter on your behalf.

Any FREE internet advice you acquire is useless in resolving the matter in your favor.

If your career and potential pension are being jeopardized, hire a lawyer immediately.

Seeking internet help when serious matters threaten your life is simply wastefully burning daylight.

Good luck.
 
Hakusho919 said:
Immediately the next day the defendant goes to another county and presents the same information but does not admit they have a current hearing in another county. What are the chances the defendants ex parte gets dismissed because they did not tell the truth.
Click to expand...

Unless the court in the other county is aware of the duplicate filing, there's zero chance, so make sure you get appropriate evidence in front of that court. The Wake County proceeding won't be dismissed for that reason.


Hakusho919 said:
How could she get this approved without probable cause?
Click to expand...

Get what approved? And, obviously, we have zero information about these proceedings beyond what you have told us.

You apparently have an attorney and should rely on his/her advice.
 
Hakusho919 said:
Could she get in trouble for perjury? Is it hard to prove that? How do I make it stop?
Is my life over all because I dated someone for 4 months and she didn't like the rejection? I am not suppose to be able to take abuse or harassments like this.
Click to expand...
Take abuse or harassment like this? What does that mean?
 
zddoodah said:
Unless the court in the other county is aware of the duplicate filing, there's zero chance, so make sure you get appropriate evidence in front of that court. The Wake County proceeding won't be dismissed for that reason.




Get what approved? And, obviously, we have zero information about these proceedings beyond what you have told us.

You apparently have an attorney and should rely on his/her advice.
Click to expand...
It was dismissed without prejudice by the plaintiff. The plaintiff legal aid was unaware of the hearing already set in the other county and there was no evidence to prove her claims. I am really not sure if that is a good thing that the judge didn't get to hear it or not. I have so many questions but my lawyer is not available over the weekends.
 
Hakusho919 said:
North Carolina

Hello,

I am currently in a DVPO situation. I filed for a DVPO in Wake County on 02/23/24. The defendant attempted to file an ex parte in retaliation but Wake county denied and told the defendant to present her case on my date. Immediately the next day the defendant goes to another county and presents the same information but does not admit they have a current hearing in another county. What are the chances the defendants ex parte gets dismissed because they did not tell the truth.

I had a ex parte served on me. In the process the plaintiff went straight to the magistrate and swore that I called her a couple of times on four different dates and stated "if you know what is good for you, you will drop the charge or you will end up in a body bag".

Obviously I did not say this or call her. I would not risk my job or life and I have not spoken to this woman since January 2024.

How could she get this approved without probable cause?

Then I am being told by a lawyer that the judge will believe her when she states I called her from another phone when I only have a cell phone.

The lawyer flat out said the odds are against but I have to remain optimistic. I do not really know how to remain optimistic when you literally tell me she can state I called from another phone a believe her when I have phone records from my cell phone and no other phone.
Click to expand...
You need to show up to the court date listed on the documentation you got served for the other county. From what I can see on this website: How to Get a Protection Order | North Carolina Judicial Branch.

It seems ex parte is temporary until the court hearing to determine if it should be final. Usually, those temporary ones get issued pretty easily as most judges want to err on the side of caution. Most likely.

What "lawyer" is telling you this information the judge will believe her? Is this a lawyer you hired? Or someone who you went to get advice from? It seems weird they would just say "don't bother." Maybe they know the judge it was assigned to? I would show up to the court date in the other county with the paperwork that shows this other person tried to file and was denied, that you filed first and than any evidence of abuse you have on her. Also that you have only one phone number you use. Granted, text apps exist so it would entirely be possible for someone (not saying you did) to text harass a person from one of those numbers as they are not tied to anyone specifically.
 
Hakusho919 said:
It was dismissed without prejudice by the plaintiff. The plaintiff legal aid was unaware of the hearing already set in the other county and there was no evidence to prove her claims. I am really not sure if that is a good thing that the judge didn't get to hear it or not. I have so many questions but my lawyer is not available over the weekends.
Click to expand...
Well they'll get back to you on a weekday...so I thought you were the plaintiff in the original DVPO? I'm confused now reading through more comments. Also you being LE doesn't mean it's unlikely that you'd violate. You should know there are plenty of abusive cops out there. Not saying you are...and that's cool you personally wouldn't violate one. Plenty of cops do and get away with it though.

I'd say if you have a lawyer, talk to them.
 

Share this page

Get a free case review from a lawyer
Back
Top