State v. Byrd’s Empirical Analysis

Citation profile

16 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]f an aggrieved party acting pro se requests ex parte relief, the clerk of superior court shall schedule an ex parte hearing with the district court division of the General Court of Justice within 72 hours of the filing for said relief, or by the end of the next day on which the district court is in session in the county in which the action was filed, whichever shall first occur.”

   2 later decisions quote this exact passage · from the dissent
   e.g. 201 N.C. App. 56 - Hensey v. Hennessy · 228 N.C. App. 248 - State v. Poole

2. “a defendant [must] be given notice and the opportunity to be heard before entry of a protective order[,]”

   2 later decisions quote this exact passage
   e.g. Martin v. Martin · 228 N.C. App. 248 - State v. Poole

3. “Moreover, even if the TRO had been entered under Chapter 50B, which we have held it was not, it fails to meet the second prong of the definition of a valid domestic violence protective order in that it was not entered “upon hearing by the court or consent of the parties.” N.C.G.S. § 50B-1(c). The State contends, and the Court of Appeals’ majority agreed, that because an ex parte proceeding was held before the TRO was issued, the hearing requirement under N.C.G.S. § 50B-1(c) was satisfied. Again we disagree. The provisions of Chapter 50B demonstrate that in the domestic violence context, the Legislature contemplated two separate proceedings whereby two types of orders could be entered, a valid protective order and an ex parte order. N.C.G.S. §§ 50B-1(c), -2(c), -3(b) (2003). If exigent circumstances require immediate issuance, without notice to the other party, of an order to protect a party, the General Assembly has provided for an ex parte order. Under Chapter 50B when “[p]rior to the hearing, if it clearly appears to the court from specific facts shown, that there is a danger of acts of domestic violence against the aggrieved party ... the court may enter such orders as it deems necessary to protect the aggrieved party ... from such acts.” N.C.G.S. § 50B-2(c). Atrial court entering an ex parte order under this subsection is also required to hold a “hearing ... within 10 days from the date of issuance of the order or within seven days from the date of service of process on t”

   1 later decision quote this exact passage
   e.g. 228 N.C. App. 248 - State v. Poole