Definitions UPDATED


UPDATE: New IRS 1040 EZ:

1040 EZ.png

 

Qapla’ – Two 50C Orders were issued today in Rockingham County, NC against Bill Schmalfeldt.

Congratulations, Sarah.

Sarah Palmer is in a Rockingham County courtroom today (1/27/16) to try once again to get a North Carolina 50C Order — which is a civil “No Contact Order.”

In previous courtroom appearances, there have been questions about whether her alleged adjudicated, demonstrated, proven, established stalker Bill Schmalfeldt has been served with relevant paperwork. [edited based upon new facts]

In response to reader requests, I have checked the relevant statutes in North Carolina. There is no provision in NC law for a dope slap in Civil No Contact Orders.  The most the judge can do is issue the order.  If the subject of the order, the judge may issue punishment as he/she would in any “contempt of court.”  There may be other penalties under the law.

The correct term for someone who is the subject of one of these 50C orders is “stalker.”

I found this on a nice website called WomensLaw.org:

A civil no-contact order (also known as a 50C order), is a court order that aims to protect you from unwanted sexual conduct or stalking by someone you do NOT have an intimate or familial relationship with* (such as an acquaintance, co-worker, neighbor, or stranger). If you have one of the intimate or familial relationships with the offender that is described in Who can get a domestic violence protection order (DVPO)?, then you would need to file for a domestic violence protective order (DVPO), not a civil no-contact order.

In a civil no-contact order, a judge can order the abuser or stalker to stop all nonconsensual sexual conduct, to stop stalking you and to stay away from you.** You may receive a temporary order, which will last until you can have a full court hearing (usually within 10 days)*** and a permanent order, which will last up to one year.****

What are the legal definitions of “nonconsensual sexual conduct” and “stalking” in North Carolina?

For the purposes of getting a civil no-contact order, you have to be the victim of either nonconsensual (unwanted) sexual conduct or stalking. These two acts may also be referred to as “unlawful conduct” in court.

Nonconsensual sexual conduct is generally any intentional touching, fondling, or sexual act (either directly or through your clothing), for the purpose of sexual gratification or arousal that you did not consent to. For the exact definition, please go to our NC Statutes page.

Stalking is generally when someone repeatedly follows or harasses you with the intent to place you in reasonable fear for your safety or your immediate family’s safety or to cause you emotional distress (harm). 

An important note about “or.”  In the case of this statute, “or” is defined as one thing, perhaps the other.  Read this:

Stalking is generally when someone repeatedly follows or harasses you with the intent to place you in reasonable fear for your safety or your immediate family’s safety or to cause you emotional distress (harm). 

That’s not the statute, but the statute agrees with the above quote.

If Sarah’s order is issued, there will be a hue and cry from Wisconsin that he’s disabled, unable to drive, a danger to no one…  In North Carolina, that doesn’t matter.  Just as Bill Schmalfeldt claims to be emotionally scarred by 5,645 people who he’s never met, Sarah has a reasonable belief that all contact from Bill is actually for the purpose of causing her emotional distress.

Which does not mean she is necessarily afraid of Bill.   It means he is a harasser. and any contact from him is unwanted and harassment.


 

 

 

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22 Responses to Definitions UPDATED

  1. Neal N. Bob says:

    I predict that in the future, all 57 states will have statutes written with William specifically in mind. Maybe even a picture!

    Liked by 4 people

  2. Maybe a specific line on their “voter id” forms or the 1040 EZ form which states “Would you also like to apply for a Peace Order/Anti-Stalking Order against Bill Schmalfeldt?”

    Liked by 13 people

  3. This Other Latin F*cker says:

    Is it considered bad form to post the picture of the woman who is taking you to court for stalking and harassing her in a blog post where you talk about her taking you to court for stalking and harassing her?

    Asking for a very stupid friend.

    Liked by 7 people

    • While I’m not a lawyer, during the last session, the bailiff announced that “if you sit near the person who is petitioning the court for a Peace Order against you, you likely will go to jail today… I think this jurisdiction takes continuing pestering to be bad form, at least.
      I’m sure he’d advocate for his Second Amendment right to shoot himself in the foot.

      Liked by 7 people

      • Gus Bailey says:

        With all due respect to your sense of humor, the 2nd is only an expression of one’s right to bear arms for self protection (esp. from the State). I don’t think anyone has ever advocated that there is a GOD given right to self harm; see Section 5150 of the California Welfare and Institutions Code.

        He advocates for things I don’t find in the constitution all the time. – Dave

        Liked by 1 person

    • agiledog says:

      Only if you do it the day before the court hearing. Otherwise, it is okay.

      Liked by 1 person

  4. Paul Krendler says:

    Just a note, not an actual correction…in Schmalfeldtian English the term is “hew and cry,” which is what I believe happens when a D*MBF*CK chops off his own johnson.

    Liked by 7 people

  5. Please change “alleged” to “adjudicated”.

    Liked by 4 people

  6. Techno Jinxx says:

    this would be a good time to mention, that although Stinky has tried to spin the applying for a RO against him was due to his lulsuit, the DATE on the original filing (before it got bumped twice) shows it was applied for 2 WEEKS before he announced said Lulsuit.

    Liked by 6 people

  7. dmaninblack says:

    do we have any first hand accounts of the proceedings? did blob try and make a phoney appearance?

    Like

  8. I was not there — having burned a sick day the last time. I hope we’ll hear from Sarah tonight.

    Liked by 1 person

  9. Paul Krendler says:

    Oh, Dave, you scamp, you!

    Liked by 2 people

  10. Dianna says:

    Leaving work, because I am beat and the office has not warmed up this week, and no one can get anymore done when shivering. So, yes from my phone.

    Congratulations, Ash!

    Liked by 1 person

  11. Pingback: Digging Through My Tax Forms | The Artisan Craft Blog — Dave Alexander & Company with David Edgren and Gus Bailey

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