916 S.E.2d 281
N.C. Ct. App.2025Background
- Williams and Cabrera, a married couple, had recently experienced marital difficulties and were discussing custody of their two emotional support animals after deciding to separate.
- An incident occurred on 21 September 2022 where, during a dispute over the animals and paperwork, Cabrera struck Williams with her car as she was leaving with the pets, resulting in a minor injury to Williams.
- Williams did not report the car incident to police at the time but subsequently removed his belongings from their shared home.
- Williams filed for a Domestic Violence Protective Order (DVPO), which was granted ex parte and later made into a one-year order after a hearing.
- The trial court’s order granted Williams custody of the dog Melo, directed Cabrera not to abuse either party’s animals, and prohibited social media commentary about Williams.
- Cabrera appealed, challenging the findings of fact, the incorporation of Williams’ complaint into the findings, and the discretionary relief awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the incorporation of Williams’ complaint as findings of fact proper? | Not specifically argued (no brief filed) | The trial court improperly incorporated allegations not supported by evidence | Improper, but harmless in this case because other findings supported the order |
| Was the DVPO supported by competent evidence? | The incident constituted domestic violence | The findings were not supported by evidence/testimony | Sufficient evidence supported the finding of domestic violence |
| Was it proper to award custody of the pet and bar animal cruelty? | Relief warranted under 50B | Relief should be denied if DVPO was improper | Relief was authorized and not an abuse of discretion |
| Was the broad social media ban proper? | Not specifically argued | The relief was overbroad and unauthorized | The ban was overbroad and is stricken from the order |
Key Cases Cited
- Kennedy v. Morgan, 221 N.C. App. 219 (N.C. Ct. App. 2012) (sets standard for review of DVPO findings and supporting evidence)
- Hensey v. Hennessy, 201 N.C. App. 56 (N.C. Ct. App. 2009) (discusses incorporation of pleadings and findings in DVPOs)
- White v. White, 312 N.C. 770 (N.C. 1985) (defines abuse of discretion standard for trial court decisions)
- Williamson v. Williamson, 140 N.C. App. 362 (N.C. Ct. App. 2000) (addresses specificity required in trial court findings under Rule 52)