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Wednesday, October 02 2013

As of October 1, 2013, Session Law 2013-237 (House bill 209) goes into effect. This act amends the law in North Carolina (N.C.G.S. 50-3) to provide that a domestic violence protective order entered without findings of fact is valid if the order is entered upon the consent of the parties and the parties agree in writing that no findings of fact are required.

Page 4 of the revised court form, AOC-CV-306, contains the following provision “FOR CONSENT JUDGMENTS ONLY: Each of us enters into this Consent Order knowingly, freely, and voluntarily. The defendant understands that in consenting to this Order all of the consequences set out in the Notice to Parties and Warnings to Respondent/Defendant in this Order apply.” The parties must sign this new provision indicating their agreement that “Each of us agrees that no findings of fact and conclusions of law will be included in this consent protective order.”

Posted by: Alisa Huffman AT 08:43 am   |  Permalink   |  Email
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