North Carolina Divorce Lawyers BlogNC Court of Appeals Upholds DVPO but Strikes Social Media Restriction
We will discuss how the North Carolina Court of Appeals resolved important issues concerning Domestic Violence Protective Orders (DVPOs) in a 2025 case, Williams v. Cabrera, No. COA23-826 (N.C. Ct. App. Apr. 16, 2025).
We will explain whether the trial court properly entered a DVPO and how it complied with the Rule 52 findings of fact requirements. We will also touch upon an important subject: whether North Carolina law allows certain forms of discretionary relief, and how the court prohibited social media posts about the plaintiff.
Rule 52 Findings of Fact and North Carolina DVPO Requirements
The key issue in Williams v. Cabrera was whether the trial court properly complied with Rule 52 of the North Carolina Rules of Civil Procedure (N.C. Gen. Stat. § 1A-1, Rule 52). The law requires trial courts to make independent findings of fact to provide logical reasons and resolve material disputes.
In this case, the court incorporated the plaintiff’s complaint into its order rather than making detailed findings of its own. The appellate court held that this was improper, especially considering the court issued a one-year domestic violence protective order, which needed to satisfy the requirements of Rule 52.
Still, the second instance court stated the error was not prejudicial. The order contained additional findings supported by strong evidence, and the DVPO remained valid.
Evidence Supporting the Domestic Violence Protective Order
The appellate court also considered whether the domestic violence decision was supported by sufficient evidence. Indeed, the evidence showed that the defendant reversed her vehicle into the plaintiff during a dispute. The plaintiff testified that the car’s bicycle rack struck him, injuring his finger.
The N.C. Court of Appeals found that the findings supported the trial court’s decision that the injury was intentionally caused. Since only one qualifying act of domestic violence is enough to issue a DVPO, the second instance court upheld the decision.
Social Media Restrictions and Other Relief Under North Carolina Law
The appellate court did not uphold the portion of the trial court’s decision prohibiting the defendant from posting or commenting about the plaintiff on social media, as the restriction was overly broad and not tailored to the facts of the case. As a result, the social media restriction was removed, but the remainder of the DVPO remained in effect.
Bottom Line
Williams v. Cabrera highlights the importance of independent findings of fact when issuing domestic violence protective orders, and also that courts have broad, but not unlimited, discretion to grant relief. It also shows that the DVPOs will remain in effect even if there are procedural errors, as long as sufficient findings of fact support the decision.
If you are involved in a Domestic Violence Protective Order or any other type of family law dispute, having the right legal strategy can make a monumental difference in the outcome of your case.
Contact Woodruff Family Law Group today to schedule a consultation. Let our experienced team provide the tailored advice and strong advocacy you need to assert your position and protect your rights.