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Forehand v. Forehand

Court of Appeals of North Carolina

December 31, 2014

SARAH A. FOREHAND, Plaintiff,
v.
JASON A. FOREHAND, Defendant

Heard in the Court of Appeals: November 17, 2014.

Appeal by defendant from order entered 3 February 2014 by Judge Anna Worley in Wake County District Court., No. 12 CVD 14117.

No brief filed on behalf of plaintiff-appellee.

The Law Corner, by Betsy Gold, for defendant-appellant.

Chief Judge McGEE and Judge BELL concur.

OPINION

Page 126

Defendant Jason Forehand appeals the order renewing plaintiff Sarah Forehand's domestic violence protective order. On appeal, defendant challenges several findings of fact and ultimate conclusion of law that there was " good cause" to renew the domestic violence protective order (" DVPO" ).

After careful review, we affirm the order.

Background

On 8 October 2012, plaintiff filed a complaint and motion for a DVPO against defendant, her husband. The parties have three minor children born of the marriage. In the complaint and motion, plaintiff alleged that defendant attempted to cause or intentionally caused her and her children bodily injury and placed them in fear of imminent serious bodily injury. Specifically, plaintiff stated that, on 5 October 2012, defendant stole the family dog from the family residence with the children watching. Plaintiff additionally claimed that defendant put her and their newborn child in danger when she tried to open the car door to get the dog out. During defendant's hospitalization for a suicide attempt on 26 September 2012 and while plaintiff was ten months pregnant, defendant allegedly told her: " Bitch, I want to smash your teeth in and slam you to the floor you dirty cunt." Based on this threat, plaintiff claimed that she went into early labor. In the complaint, plaintiff also asserted that her children were at substantial risk of physical or emotional injury based on defendant's issues with substance abuse. Specifically, plaintiff stated that defendant was addicted to heroin and prescription drugs and has overdosed several times. Finally, plaintiff claimed that defendant had made threats to commit suicide and had been institutionalized for attempted suicide on two occasions. Based on these allegations, the trial court granted plaintiff an ex parte DVPO that same day.

On 15 October 2012, a hearing was held to determine whether plaintiff was entitled to a one-year DVPO. At the hearing, the parties

Page 127

consented to a continuance based on defendant's claim that he was entering a 90-day inpatient treatment facility for heroin abuse. The trial court continued the existing ex parte DVPO until 25 January 2013. At the next hearing, on 19 February 2013, the trial court granted plaintiff a one-year DVPO (the " 2013 DVPO" ); however, a copy of it is not included in the record on appeal.

On 14 January 2014, plaintiff filed a motion to renew the DVPO. She claimed that defendant had sent her " harassing emails, using vulgar words, to describe [her]" and was using drugs again. Furthermore, citing his " hateful attitude," plaintiff alleged ...


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