Note from the Plaintiff:
A trial court judge – who expressed desire to speed up my case so he could go to lunch – decided I was a liar after I was asked whether I loved the person who had assaulted and abused me: Fabialbert Rodriguez.
When I responded that I loved this person but still needed protection because he kept showing up to my house uninvited, sexually assaulting me, and threatening further bodily harm to me, the judge decided it’s not possible to both love and fear an abuser.
The North Carolina Court of Appeals unfortunately upheld the trial court’s ruling:
In its written order, the trial court found “Plaintiff was dishonest during her testimony. After expressing her devotion and love ․, [Plaintiff] then made a decision to proceed on old allegations that appeared to have no imminent threat of harm.” Therefore, the trial court concluded that “Plaintiff’s credibility did not survive cross[ ]examination,” and she “failed to prove grounds for issuance of a domestic violence protective order.”
In its closing paragraph, the court of appeals references Hensey v. Hennessy:
We affirm the trial court’s denial of the order since there was competent evidence to support its findings of fact, and its conclusions of law were proper in light of such facts. See Hensey, 201 N.C. App. at 59, 685 S.E.2d at 544.
But neither the judge nor the appellate courts referenced any evidence to support their findings.
Hensey v. Hennessy:
When the trial court sits without a jury [regarding a DVPO], the standard of review on appeal is whether there was competent evidence to support the trial court’s findings of fact and whether its conclusions of law were proper in light of such facts. Where there is competent evidence to support the trial court’s findings of fact, those findings are binding on appeal.
The Defendant, Fabialbert Rodriguez, continued to reach out to me during the ex parte protection order and after trial, even after the judge verbally instructed him to not have any further contact with me. He didn’t stop until his attorney received notice of my appeal.
For more than a year, this appeal was one of the last resources I thought I had to protect myself. Today, it’s this website.
I ask sincerely to those referencing the Court of Appeals Decision to also read the Trial Transcript and my domestic violence protection order requests from the Case Documents pages of this website. A full timeline of events and further supporting evidence will be available on the site soon, but is available on request – just fill out the Contact Form.
I hope my case is not referenced unjustly to protect another abusive individual, but rather used for some change in law or procedure that would make what happened to me – being unjustly called a liar and being denied safety without considering all facts – inadmissible in any court.
For truth and accountability in our justice system,
Courtney
Above (top): handwritten excerpt’s from CB’s Complaint and Motion for Domestic Violence Protective Order against Fabialbert Rodriguez, filed August 29 2023. These images are excerpts from descriptions of physical and sexual abuse CB experienced at the hands of Fabialbert Rodriguez, and can be read in full in the Printed Record on Appeal. Refer to pages 67-70.
In order from left to right, images read:
(1) “slapped me”
(2) “… and he kept going […] waiting for him to be done.”
(3) “I told him to stop he wouldn’t”
(4) “popped blood vessels”
(5) “I told him no”
Above (bottom): District Court Judge’s reason for denial of Protective Order. Image reads: “Cannot find imminent danger in continued relationship”
North Carolina law provides protections to its residents from domestic violence with N.C. Gen. Stat. §50B. The definition of domestic violence is:
The commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense:
(1) Attempting to cause bodily injury, or intentionally causing bodily injury; or
(2) Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14-277.3A, that rises to such a level as to inflict substantial emotional distress; or
(3) Committing any act defined in G.S. 14-27.21 through G.S. 14-27.33.*”
N.C. Gen. Stat. §50B-1(a) (2024).
The Plaintiff was not informed that the case would be publicized and used as precedent for future Domestic Violence and Restraining Order cases.
The Court of Appeals Opinion was published November 2024 to the following websites:
https://law.justia.com/cases/north-carolina/court-of-appeals/2024/24-449.html
https://caselaw.findlaw.com/court/nc-court-of-appeals/116666263.html
To learn more about this case, please review Case Documents.