Domestic Violence
What is a Domestic Violence Protective Order?
In North Carolina, there is a “Domestic Violence” law that enables victims of domestic violence to seek a protective order from the Court. The primary purpose of a protective order, also known as a DVPO, is to restrict contact between the victim and the offender. A DVPO is separate from any criminal proceedings arising out of any alleged domestic violence. A protective order may be valid for up to one year initially, and with good cause shown, it may be renewed for up to two years.
Who is Eligible for a Protective Order?
To be eligible for a DVPO under Chapter 50(B) in North Carolina, the petitioner and respondent must have a “personal relationship” as defined by the state’s law. This includes current or former spouses, individuals of the opposite sex living together or having lived together, relatives in specific familial relationships, individuals with a child in common, current or former household members, and individuals in a dating relationship or who have been in a dating relationship.
How Do I Obtain a Protective Order?
To obtain a domestic violence restraining order, the individual seeking the order must initiate a civil action by completing the necessary forms. The court will issue a Summons, which must be served on the defendant along with a copy of the Complaint, Notice of Hearing, and any temporary or ex parte order that has been issued. Emergency relief may be requested if there is a risk of immediate harm, and a hearing on the motion for emergency relief will be scheduled.
What is an Ex Parte Order?
If an immediate emergency ex parte order is requested, a hearing must be held within a specific timeframe. If the court determines that an act of domestic violence has occurred, it will grant a protective order restraining the defendant from further acts of domestic violence. The court has the authority to make various orders related to contact, possession of the residence, suitable alternate housing, custody and visitation rights, support payments, personal property, and other necessary provisions.
Can an Attorney Help if There is An Order Against Me?
For individuals against whom a domestic violence order has been entered, there may be adverse consequences in custody cases, employment or professional license applications, and admission to academic institutions. If you have been served with a request for a domestic violence protective order, it is recommended to seek the assistance of an attorney to understand and address the potential implications.
The Law Group and its network of attorneys can help you in eastern North Carolina and New Hanover, Pender & Brunswick Counties.