North Carolina Divorce Lawyers Blog
Our last blog went over the facts of Shuler v. Donahue, No. COA24-739 (N.C. Ct. App. Nov. 5, 2025) and the decision of the Court. This blog will discuss the ramifications of that decision.
Why Did the Court Send the Order Back?
The court sent the DVPO back because the two orders were mutual. It held that orders entered after a single hearing on both parties’ claims, providing each side reciprocal protection, are mutual orders, even if they are entered as two completely separate documents.
That rule comes from G.S. 50B-3(b):
“Protective orders entered, including consent orders, shall not be mutual in nature except where both parties file a claim and the court makes detailed findings of fact indicating that both parties acted as aggressors, that neither party acted primarily in self-defense, and that the right of each party to due process is preserved.”
Two of the three requirements in that rule were met:
- Both sides filed claims.
- Both sides had a full hearing.
However, a critical missing piece was the findings. The trial court described what each person did, but it never found that both acted as aggressors or that neither acted mainly in self-defense.
The Court of Appeals said that the evidence could support those findings, but making those findings is the trial judge’s job, not the job of the appeals court. We’ve written before on self-defense in domestic violence cases, which looks more closely at the exception built into the DVPO statute.
As a result, the court vacated the order against Shuler and sent the case back. On remand, the judge can make the required findings based on the evidence from the April 2024 hearing or deny the order. The opinion does not require a new order either way.
The standard court form (AOC-CV-306) has no place for these findings. The trial judge said the second order “doesn’t fit the form,” and the Court of Appeals said a revised form would help.
This is important, and we’ve covered how the boxes on a DVPO form can leave out what the law requires, as well as why another domestic violence order was vacated as a result of thin findings.
What Does Shuler v. Donahue Mean for You?
Shuler v. Donahue offers some insights into how a court may respond to DVPO cases.
Whether you’re currently in a DVPO case involving both sides’ protection, or you already have an order that runs both ways, there are a few takeaways that could matter to you:
- Always make sure to find out if your DVPO is “mutual”: If you and the other person each asked for protection and both requests were granted at the same hearing, the order is likely mutual. That remains true even if you received two papers.
- Make sure to read the findings, not just the terms: A mutual order should say that both parties acted as aggressors and that neither acted mainly in self-defense. If you discover that those findings are missing, it’s important to get in touch with your attorney.
- Build your evidence for both sides: Remember that the judge has to weigh what each person did. That means the more evidence you have, the better. Save any and all texts, call logs, and witness names. At the hearing, be ready to address who acted first and whether anyone was defending themselves.
- Remember that harassment counts: Harassment actions (including repeated calls, messages, or threats) can support an order, even without any physical contact occurring. And, as Shuler v. Donahue shows, the law will also ask whether the conduct served a legitimate purpose.
- Expect consequences beyond contact limits: In Shuler v. Donahue, the DVPO barred Shuler from harassing or following Donahue, required her to surrender her firearm, and suspended her concealed handgun permit. The Court of Appeals also looked at how carefully findings must be written in Jay v. Jay.
Are You Facing a DVPO Hearing or Appeal in North Carolina?
The way an order is entered can significantly affect whether it survives on appeal.
If you’re facing a DVPO case or an appeal, help is available. Contact Woodruff Family Law Group to learn more about your options and to get more information about your specific NC court case.
Schedule a consultation today, or learn more about our domestic violence practice.