Ramirez v. Parker, 110519 NCCA, COA18-1192

Docket Nº:COA18-1192
Opinion Judge:Inman, Judge.
Party Name:NALLELI RAMIREZ, Plaintiff, v. FREDDIE EDWARD PARKER, JR., Defendant.
Attorney:Hatch, Little & Bunn, L.L.P., by David M. Yopp, for Plaintiff-Appellee. Collins Family Law Group, by Rebecca K. Watts, for Defendant-Appellant.
Judge Panel:Judges TYSON and ARROWOOD concur.
Case Date:November 05, 2019
Court:Court of Appeals of North Carolina
 
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NALLELI RAMIREZ, Plaintiff,

v.

FREDDIE EDWARD PARKER, JR., Defendant.

No. COA18-1192

Court of Appeals of North Carolina

November 5, 2019

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

Heard in the Court of Appeals 18 September 2019.

Appeal by Defendant from judgment entered 16 July 2018 by Judge Kathryn W. Overby in Alamance County No. 18CVD500094 District Court.

Hatch, Little & Bunn, L.L.P., by David M. Yopp, for Plaintiff-Appellee.

Collins Family Law Group, by Rebecca K. Watts, for Defendant-Appellant.

Inman, Judge.

Freddie Edward Parker, Jr. ("Defendant") appeals from the trial court's domestic violence protective order ("DVPO") concluding that he committed acts of domestic violence. Defendant argues that the trial court erred because no competent evidence supported the charge that he attempted to cause bodily injury. After thorough review of the record and applicable law, we vacate the trial court's order.

I. FACTUAL AND PROCEDURAL BACKGROUND

The evidence in the record tends to show the following:

Nalleli Ramirez ("Plaintiff") and Defendant began a romantic relationship in late 2011 or early 2012, eventually living together. Plaintiff and Defendant had one child together, their five-year-old son E.P.[1] Plaintiff has two older children from previous relationships, son A.F. and daughter A.R. Plaintiff and the children lived with Defendant until sometime in 2017 or 2018, when Plaintiff and Defendant separated. Defendant shares custody of E.P. with Plaintiff, placing E.P. within his unsupervised care on weekends.

On 26 March 2018, Plaintiff filed a complaint and motion in Alamance County District Court seeking an ex parte DVPO against Defendant. Plaintiff alleged that Defendant had been molesting A.R. since 2017. Plaintiff's complaint alleged that Defendant's actions "caused [A.R.] to feel unsafe," that Plaintiff was in fear A.R. "will suffer a lot of emotional pain," and that Defendant "still [had] an attraction" to A.R.[2]Using a preprinted form, AOC-CV-304, the trial court issued an ex parte DVPO that same day, finding that Defendant intentionally caused bodily injury to A.R. Defendant was enjoined from contacting Plaintiff and her family and friends and ordered...

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