Issue

Protective order—annotated statement from complainant—incorporation by reference—factfinding sufficient

Summary

In a proceeding for a domestic violence protective order (DVPO), the trial court’s incorporation-by-reference approach to factfinding–attaching to the DVPO a copy of the complainant's written statement bearing the judge's strike-throughs and other notes–was sufficient to sustain the DVPO issued because it allowed the appellate court to determine that the DVPO, and its underlying legal conclusions, reflected an appropriate application of law. A comparison of the testimony at the DVPO hearing with the judge’s annotated copy of the written statement revealed that the judge struck the portions that were not corroborated by the parties’ testimonies and left intact the portions that were corroborated. While not the best practice, the trial court's method demonstrated sufficient engagement with the written statement to transform what would otherwise be improper “mere recitations” of evidence into proper evidentiary findings under Civil Procedure Rule 52.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →