Order Dismissing Complaint For Domestic Violence Protective Order For Failure To Prosecute {CV-325}

STATE OF NORTH CAROLINA County Name Of Plaintiff File No. In The General Court Of Justice District Court Division Name Of Defendant VERSUS ORDER DISMISSING COMPLAINT FOR DOMESTIC VIOLENCE PROTECTIVE ORDER FOR FAILURE TO PROSECUTE G.S. 1A-1, Rule 41(b) THIS CAUSE coming on to be heard before the undersigned judge upon a hearing on the plaintiff's Complaint seeking a Domestic Violence Order of Protection. IT APPEARING TO THE COURT that neither Plaintiff nor Plaintiff's attorney appeared at the properly noticed hearing; and Defendant and/or Defendant's attorney appeared at the properly noticed hearing. neither Defendant nor Defendant's attorney appeared at the properly noticed hearing. FINDINGS OF FACT 1. Plaintiff filed the Complaint in this action on (date) 2. Plaintiff received an ex parte Domestic Violence Order of Protection on (date) 3. A Notice of Hearing for today's hearing was timely served via hand-delivery on Plaintiff. 4. Defendant was served with the Summons, Complaint and Notice of Hearing. 5. Plaintiff failed to appear at the properly noticed hearing. 6. Other (required if Court is dismissing "with prejudice"): . . 7. (Required if dismissing "with prejudice") The Court has considered other sanctions that are not as severe as a dismissal with prejudice (including but not limited to assessments of fines, costs, or damages against the plaintiff or plaintiff's counsel, conditional dismissal, dismissal without prejudice, and explicit warnings). Less drastic sanctions will not suffice to address Plaintiff's failure to appear and prosecute the Complaint. CONCLUSIONS OF LAW Based upon the foregoing findings of fact, the Court makes and enters the following: 1. Plaintiff has failed to appear and prosecute the Complaint filed herein. 2. Plaintiff's Complaint should be dismissed pursuant to Rule 41(b) of the North Carolina Rules of Civil Procedure due to Plaintiff's failure to appear and prosecute the Complaint. 3. The Court has considered other sanctions that are not as severe as a dismissal with prejudice, but less drastic sanctions will not suffice to address Plaintiff's failure to appear and prosecute the Complaint. Based upon the foregoing findings of fact and conclusions of law, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff's Complaint is hereby DISMISSED without prejudice with prejudice (do not dismiss with prejudice this date any ex parte order issued in this case is null and void. Name Of Judge unless Finding of Fact 7 and Conclusion of Law 3 are checked) pursuant to North Carolina Rules of Civil Procedure, Rule 41(b). As of Date Signature Of Judge CERTIFICATION I certify this order is a true copy. Date Signature Of Clerk Deputy CSC Clerk of Superior Court Assistant CSC AOC-CV-325, New 7/13 © 2013 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com