In a brand new opinion from the Court of Appeals, a “creative” order from a District Court Judge was given a stamp of approval.
The defendant in Tyll v. Berry was told to have no contact with the plaintiff or the plaintiff’s family for a year. It appears the Defendant had a tough time paying attention to the calendar because after one month, he was at it again sending harassing emails, only this time to a more distant branch of the plaintiff’s family tree.
The Judge accessed a contempt fine against the Defendant, but added the requirement that the payment be made NOT to the Clerk of Court, but to THE PLAINTIFF. Typically, damages are not awarded to a party for the other party’s contempt but fines are not unusual at all. Here the fine is just ordered to be paid to the Plaintiff.
You can READ MORE in North Carolina Lawyers Weekly.