TERESA J. NORRELL, Plaintiff,
WILLIAM MILES KEELY, Defendant.
Heard in the Court of Appeals 9 October 2014.
Appeal by defendant from order entered 19 November 2013 by Judge C. Christopher Bean in District Court, Currituck County No. 13-CVD-367
No brief filed on behalf of plaintiff-appellee.
Pritchett & Burch, PLLC, by Lloyd C. Smith, Jr. and Lloyd C. Smith, III, for defendant-appellant.
Defendant appeals no-contact order. For the following reasons, we affirm.
On 9 September 2013, plaintiff filed a complaint for a no-contact order pursuant to North Carolina General Statute Chapter 50C; her complaint for the North Carolina General Statute Chapter 50C no-contact order was on a form provided by the administrative office of the courts. The form complaint, AOC-CV-520, Rev. 2/06, had pre-printed language with boxes to check if the sentences following the box are applicable; under certain boxes spaces are provided for writing in additional details. Plaintiff checked box 4 which states,
The defendant has followed on more than one occasion or otherwise tormented, terrorized, or terrified the plaintiff named above with the intent to place the plaintiff in reasonable fear for the plaintiff's safety or the safety of the plaintiff's immediate family or close personal associates or with the intent to cause, and which did cause, the plaintiff to suffer substantial emotional distress by placing the plaintiff in fear of death, bodily injury, or continued torment or terror in that: (give specific dates and describe in detail what happened and how it placed the plaintiff in fear of safety or how it caused substantial emotional distress)[.]
Plaintiff underlined the words "tormented, " "terrorized, " and "terrified." Plaintiff then wrote under box 4:
The defendant's stalking, harassing, and threatening/intimidating conduct has continued over a 5 year period of time; More specifically has escalated to the following more recent incidents:
7/16/13 at approximately 7:00 AM – Came to the entrance of my drivewa[y] starring [(sic)] in an intimidating manner and stating, "Don't think that[t] fence is going to stop me."
7/25/13 at approximately 11:00 AM – I was walking my dog down Rocky Top Ro[ad] he was driving toward me, stopped appx 40 ft from me, revve[d] his engine & sped directly toward me as if he was going to run me over; then slowed beside me & was laughing uncontrollably.
7/29/13 – Subpoenaed for a case I had Nothing to do with just to cause me to lose time for work. On the following page plaintiff continued:
8/17/13 at approximately 10:30-11:00AM, the defendant falsely called & reported to the Currituck County 911/Sherriff's Dept, that I was screaming at him from our residence. This is a total false accusation, as my husband and I were in Virginia. This incident was investigated by Deputy Starcher of the Currituck Cty Sherriff's Dept and was closed due to it being unfounded.
9/7/13 at approximately 9:30-10:00AM. My husband and I were walking down Rocky Top Rd. The defendant was in a car with RoseAnn Wright-Fulp. They were exiting the neighborhood on Rock Top Rd, but stopped when they saw us walking on Matildas Trace toward Rocky Top. They waited for us to get next to their vehicle, Bill Keely rolled down his window and was holding his cell phone up as if to be videoing us. We walked past the car and they finally left the neighborhood. By the time we got to the end of the street and was coming back, they had turned around & came back & backed into the entrance of the[i]r driveway waiting for us. As we passed them, the defendant and RoseAnn were both holding their cell phones out the window and making derogatory comments & laughing. They continued following us, in the vehicle, until we turned off Rocky Top Rd back onto Matilda's Trace.
9/9/13 – Subpoenaed for case – No involvement to cause loss of work.
Note: Every day when I'm in my yard or in view of his house he comes out or hides behind bushes and screams derogatory and disparaging comments to me.
On 3 October 2012, defendant answered plaintiff's complaint by denying most of the substantive allegations, moved for dismissal based upon North Carolina General Statute § 1A-1, Rule 12(b)(6) and the constitutional ...