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AUGUR v. AUGUR

No. COA01-220.

561 S.E.2d 568 (2002)

Leslie S. AUGUR, Plaintiff, v. Richard G. AUGUR, Defendant.

Court of Appeals of North Carolina.

April 16, 2002.

Attorney(s) appearing for the Case

Pisgah Legal Services, by Anne Bamberger, for plaintiff-appellee.

Carter & Kropelnicki, P.A., by Steven Kropelnicki, Jr., Asheville, for defendant-appellant.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Emery E. Milliken, for the State of North Carolina, amicus curiae.

TYSON, Judge.

Richard G. Augur ("defendant") appeals from judgment dismissing plaintiff's complaint for a domestic violence protective order and denying defendant's counterclaim for a declaratory judgment that the Domestic Violence Act is unconstitutional. We affirm the trial court's judgment in part and reverse and remand in part.

I. Facts

Defendant and Leslie S. Augur ("plaintiff") were married...

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