Zubchevich v. Zubchevich, 25-796

Defendant-Father and Mother shared joint custody of their two minor children under a February 2024 consent order after separating in 2022. 1
On 3 February 2025, Mother filed a DVPO complaint on behalf of Minor Plaintiff, and the court entered an ex parte order the same day. 2
At the return hearing, the evidence showed Defendant-Father physically moved Minor Plaintiff in a truck driveway dispute over where to sit. 3
Minor Plaintiff testified Defendant-Father grabbed him by the neck and hip, carried him to the truck seat, and he felt dizzy and unable to breathe. 4
Daughter and Officer Lindenberger gave similar testimony describing Defendant-Father grabbing Minor Plaintiff by the neck and hip and the child turning red and breathing hard. 5
The trial court found Defendant-Father intentionally caused bodily injury by grabbing Minor Plaintiff by the hip and neck, concluded domestic violence occurred, and entered a DVPO; Defendant appealed. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the findings support domestic violence under § 50B-1(a)(1)? 7	The evidence showed intentional bodily injury when Father grabbed and carried him.	No competent evidence showed bodily injury or intent.	Yes; the finding was supported and the DVPO was affirmed. 8
Was Father’s constitutional argument preserved? 9	Father never properly raised any constitutional issue below.	Counsel preserved the issue by arguing a parent may place a child where he wants.	No; the constitutional claim was unpreserved. 10
Did Minor Plaintiff have standing to seek a DVPO? 11	He was an aggrieved party, had a personal relationship, and had a guardian ad litem.	A minor child lacks standing to use a DVPO against a parent.	Yes; statutory requirements were met, and other standing arguments were unpreserved. 12

Williams v. Cabrera, 298 N.C. App. 611 (N.C. Ct. App. 2025) (DVPO review asks whether competent evidence supports findings and whether conclusions follow 13)
Shomette o/b/o T.N. v. Needham, 298 N.C. App. 400 (N.C. Ct. App. 2025) (competent findings are binding on appeal; domestic violence is reviewed de novo 14)
In re A.L.T., 241 N.C. App. 443 (N.C. Ct. App. 2015) (physical strikes and injuries can satisfy intentional bodily injury under § 50B-1(a)(1) 15)
Rollings v. Shelton, 286 N.C. App. 693 (N.C. Ct. App. 2022) (choking allegations fit the plain language of § 50B-1(a)(1) 16)
Petersen v. Rogers, 337 N.C. 397 (N.C. 1994) (parents have a constitutionally protected right to custody, care, and control of their children 17)