When Threats and Harassment Cross the Line into Domestic Violence

Domestic violence is not always physical. Sometimes domestic violence takes the form of repeated threats and unwanted messages that leave another person feeling terrified for their life.

The North Carolina Court of Appeals considered that reality in Simpson v. Silver, a 2024 case involving a Domestic Violence Protective Order (DVPO). Their decision shows how courts treat the harassing and intimidating conduct of one person toward another (and the emotional distress it can cause), and whether such conduct warrants legal protection.

Background of the Case

On June 2023, Shana Marie Simpson petitioned for a DVPO against Travis Ray Silver. The trial court first issued a temporary ex parte protective order (basically an emergency order to keep you safe from harm like abuse or stalking), then held a full hearing later that month.

During the hearing, Simpson testified that Silver had threatened to kill her more than a dozen times if she left him. She also said he told her he bought a black van “in case” he wanted to stalk her.

Simpson said she tried to end the relationship and asked for space, but Silver was “obsessive” in his communication.

She testified that he created new phone numbers and continued to send messages even after she blocked him. Simpson said the behavior left her scared, leading to panic attacks, and contributed to an eating disorder. She also said she continued to feel anxious and had difficulty eating and sleeping and feared Silver might suddenly appear near her.

The trial court found that Silver had committed an act of domestic violence and issued a protective order for one year.

Silver appealed the trial court’s ruling.

What Silver Argued on Appeal

Silver argued that the trial court made a mistake when it found that Simpson suffered from panic attacks and an eating disorder due to his conduct because the evidence was not adequate enough to prove the connection.

He also said Simpson was not qualified to offer that kind of opinion on her mental and physical health because she was not a medical expert.

Silver did not object to that testimony at trial, the Court of Appeals explained, and because he did not preserve the issue, the appellate court rejected that portion of his argument.

Silver also argued the trial court mistakenly disregarded evidence about messages he received from Simpson’s son. But again, the appellate court found that he did not properly preserve the issue because he failed to make an offer of proof as to what the excluded evidence would have shown.

How the Court of Appeals Ruled

The Court of Appeals upheld the DVPO. The issue in such cases, it said, is whether there was “competent evidence” to support the findings of the trial court. In other words, the evidence has to be good enough that a reasonable person could rely on it.

The court found Simpson’s testimony sufficient enough for this.

Numerous death threats, stalking, continuous unwanted communications, and the emotional harm supported the trial court’s determination that Simpson suffered extreme emotional distress due to Silver’s conduct.

Because those findings supported a legal determination of domestic violence under North Carolina law, the protective order remained in place. (Basically, they ignored Silver’s appeal).

Why This Case Is Important

Simpson v. Silver is an example of a domestic violence case that involves abuse beyond physical violence. Threats, stalking, and repeated harassment can also support a DVPO if they cause someone fear and serious emotional distress.

The case also highlights that objections must be raised at the right time. Failure to challenge evidence at the hearing may result in losing the chance to raise that issue on appeal.

Do You Need Help? We’re Here for You

If you are dealing with any kind of threats or harassment and have concerns about your safety, please reach out to the Woodruff Family Law Group so that we can help you understand your legal options. We want to teach you what steps may be available to protect your safety and peace of mind.