Erik Zimmerman Discusses Precedential Verdict With N.C. Lawyers WeeklyPDF
Erik R. Zimmerman spoke with North Carolina Lawyers Weekly about a recent precedential verdict from the North Carolina Court of Appeals in a domestic violence case. Zimmerman and Andrew R. Wagner served as court-appointed amicus in the case, which centered on questions of jurisdiction for a domestic violence protective order. The victim's ex-boyfriend claimed he did not know the victim was in North Carolina at the time of the harassment and was not subject to the state's personal jurisdiction. The Court of Appeals upheld the trial court's protective order.
"One important question this decision helped to resolve is whether a perpetrator needs to actually know the victim is in North Carolina at the time, or if it is enough for the perpetrator to have some reason to know the victim might be in North Carolina at the time," Zimmerman said. "This decision clarifies that a perpetrator doesn't need to actually know where the victim is and only needs to have some reason to know where the victim is."
He went on to say defendants "can't escape the court's jurisdiction in North Carolina by arguing that they don't know exactly where the victim is. You have to take the victim where you find them."
The North Carolina Lawyers Weekly article, "N.C. has jurisdiction over man who didn’t know his ex moved there," is available here.