In 2012, I was given a Domestic Violence Order that was completely unjustified. Since then, the so called victim has had thirteen criminal charges ranging from larceny, concealed weapons, and even Assault on law enforcement after trying to drive over them with her car. So, while I can't work as a teacher because I can't pass this background check - the real out of control impaired mind, yes substance abuse and mental illness, continues to falter in life but the quality of my life is forever tainted by this failure of due process and miscarriage of justice. Appealed, the Supreme Court of NC ruled, "Ex Mero Motu" by granting her a right she is not strictly entitled to which is meant for when a law didn't exist and in this case Wake County simply ignored law.
Oh, I see, you want to attack the character of the alleged victim, some 4 years after the testimony. The problem that you face is that you need a criminal defense attorney now, one who knows the ins and outs of the evidence code in your state, as well as post conviction relief. But that is if it was a criminal case. If it wasn't, there might be some civil rules that can come into play. You didn't say which it was. Have a full discussion with a local attorney who does both family law and criminal defense.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Just because she has had criminal charges did not mean the order was unjustified. You call it a failure of due process but I suspect you had hearings .....
Hearsay is an out of court statement offered for the truth of the matter asserted... I wonder what hearsay was used since hearsay is inadmissible. I suppose you had the opportunity to cross examine to determine veracity...
Many states protective orders have fixed duration... Need to be renewed. Can be removed. Contact a local attorney about seeing if it can be removed.
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