Editor's note: Several readers have reported technical difficulties with the blog. I'm trying to solve the problem, but in the meantime, (1) it seems to be limited to users of Microsoft Internet Explorer, so using a different browser may help, and (2) the last two days' posts should be viewable here and here. My apologies. Last month, the North Carolina Supreme Court decided State v. Byrd, a case with significant implications for cases involving the violation of domestic violence protective orders (DVPOs). Here are the facts. The defendant had a history of abusing his wife, and she eventually sought a divorce. As part of her initial divorce filing, her attorney sought a TRO under N.C. R. Civ. P. 65, barring the defendant from bothering her. The TRO was granted, but the defendant went to his wife's workplace and shot her, severely injuring her. The state charged him with, inter alia, AWDWIKISI and with doing so in violation of a DVPO. The point of the latter allegation is that, under G.S. 50B-4.1(d), committing a felony that violates a DVPO results in a sentence that is one class higher than the felony would ordinarily entail. The jury convicted the defendant of AWDWIKISI and found that he violated a DVPO; the DVPO finding meant that he was sentenced as a Class B2 felon, rather than as a Class C felon. He appealed, arguing that a TRO entered under N.C. R. Civ. P. 65 is not a "protective order entered pursuant to [Chapter 50B]" as [...]
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