dvpo nc why get a lawyer

You can also hire an attorney to represent your legal interests as you go forward. You deserve to find safety and wellness for yourself and your children. Domestic Violence Protective Orders (DVPO) In North Carolina, there are laws to protect victims of domestic violence. These include the domestic violence protection order, called DVPO for short.

Full Answer

What do you need to know about a DVPO in NC?

North Carolina law requires that the person requesting the DVPO (the Plaintiff), prove that s/he has been the victim of “domestic violence.” The law defines “domestic violence” for the purpose of obtaining a DVPO as: Committing any act defined in G.S. 14-27.2 through G.S. 14-27.7.

What happens if a court enters a DVPO?

Our state’s Domestic Violence Protective Order (DVPO) laws are in Chapter 50B of the General Statutes. A person seeking relief under Chapter 50B may file a civil action in district court alleging acts of domestic violence and seeking entry of a protective order. If the court enters a DVPO, a violation can have criminal consequences.

What are the requirements for a domestic violence protection order (DVPO)?

North Carolina law requires that the person requesting the DVPO (the Plaintiff), prove that s/he has been the victim of “domestic violence.” The law defines “domestic violence” for the purpose of obtaining a DVPO as:

Can I reconcile with my partner after a DVPO?

Sometimes victims reconcile with their partners after a DVPO has been put into place. This happens for a range of reasons, from victims hoping that an abuser has changed, to a desire to keep families together, to victims being forced by their abuser through threats or power and control tactics.

How do I challenge a DVPO?

There is no mechanism to appeal, vary or revoke a DVPN / DVPO once made. However once the DVPO period finishes the order expires.

Can you drop a DVPO in NC?

You can also request an order in a civil case. Here, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to.

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

How do you fight a 50B in NC?

A 50B protective order against a defendant is a serious matter for the defendant. You will likely have to surrender firearms. You will be entered by the sheriff of Guilford County into the National Crime Information Center as a person with a domestic violence protective order against him.

Does a restraining order go on your record?

Does a restraining order affect your record? Unless a restraining order is breached, it will not appear on your criminal record. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court.

What happens if the victim violates the order of protection in NC?

Whether a restraining order from a North Carolina court, another state court, or a Native American tribal court, violating the 50B in North Carolina can result in a Class A1 misdemeanor punishable by up to 150 days (5 months) in jail.

How hard is it to get a restraining order?

Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.

What is a no contact order in NC?

A Civil No-Contact Order (sometimes commonly referred to as a “50C order”) is a restraining order that is designed specifically for victims of sexual assault or stalking who do NOT have a “personal relationship” with the offender.

What happens when you get a restraining order?

A restraining order is a court order which prohibits your abuser from doing certain things such as contacting you or attending your place of work or home address. Breaching (breaking) a restraining order is a criminal offence. The court will make the order if the judge thinks it is justified.

Can you appeal a restraining order NC?

You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.

How long does a DVPO last in NC?

one yearIn North Carolina, a “permanent” DVPO can last for up to one year, but can be renewed for up to two years at a time.

What is the purpose of a DVPO?

A DVPO can prevent the perpetrator from returning to a residence and from having contact with the victim for up to 28 days. This allows the victim a degree of breathing space to consider their options with the help of a support agency.

Court Process for Domestic Violence Protective Orders

A North Carolina statute governs court issuance of DVPOs, which are also referred to as restraining orders. A court can issue a temporary order based solely on a complaint, without giving you an opportunity to defend yourself. If that happens, a hearing will be held shortly after the temporary order has been issued.

What To Do If You Are Served With a DVPO

If you are served with a DVPO, the first — and most important — step you should take is to comply with the order. That means complying with every condition or requirement. Violating a restraining order can lead to arrest and serious criminal charges, which can result in up to 150 days in jail. You must respect the law and the order immediately.

Reasons to Defend Against a DVPO

The reasons for defending against a DVPO go far beyond simply fighting against the restrictions in the order. If you do not appear at the hearing on the order to defend against the charges, the court likely will issue a permanent order.

Our Experienced Domestic Law Attorneys Can Defend You Against a DVPO

If you are facing a DVPO or restraining order, you need to take steps to ensure that your rights are protected. Our experienced domestic law attorneys at The Twiford Law Firm are here to help.

What is a DVPO?

A DVPO is a civil mechanism by which the court protects someone who shows, by a preponderance of the evidence, that he or she has been the victim of domestic violence, and/or is in reasonable fear that they will be the victim of a domestic violence. Obtaining a DVPO requires the Plaintiff (Victim) to file a complaint with the Court, ...

What is a domestic violence protective order in North Carolina?

Violation of a domestic violence protective order is punished as a class A1 misdemeanor. This is the highest level of misdemeanor in North Carolina. As such, a conviction of this crime follows the North Carolina Misdemeanor sentencing guidelines. Violating a DVPO can have some serious consequences that have the potential to follow you forever.

How long does a domestic violence protective order last?

The ex-parte temporary order is usually about 10 days or less.

What is a restraining order in North Carolina?

In North Carolina, what most people are referring to when they say “restraining order” is what is properly called a Domestic Violence Protective Order. ...

What is a violation of a court order?

A violation includes any contact by the defendant with the person that is protected by the order. This contact can include, but is not limited to; in-person, phone calls, text messages, social media messaging of any kind.

Who can get a domestic violence protective order (DVPO)?

You can seek legal protection from acts of domestic violence done to you or your minor child by someone you have had a “personal relationship” with, which includes:

Can I get a DVPO against a same-sex partner?

In North Carolina, you may apply for a domestic violence protective order (DVPO) against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a domestic violence protective order (DVPO)? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in North Carolina?.

How much does it cost?

Nothing. There are no fees for filing for a domestic violence protective order. 1

Do I need an attorney?

No, you do not need an attorney to file for a DVPO or to get an ex parte order. 1 You also do not need an attorney at the full court hearing, but you may want one, especially if you think the defendant (abuser) will have one. It is recommended that you contact an attorney to make sure that your legal rights are protected.

What if I have to miss work to get a DVPO?

If you have to miss work for a reasonable time to file and attend hearings for a DVPO, your employer may not fire you, demote you (give you a lower position or rank), deny you a promotion or discipline you as an employee.

What if I don't qualify for a DVPO or if my order is not granted?

If you do not qualify for a DVPO or if your order is not granted, you can still seek protection from the law and assistance from domestic violence organizations.

DVPO in North Carolina

Many DVPOs are issued in family and domestic relationships, usually to stop violent or harassing conduct by one partner against the other.

Defending a DVPO violation Charge

The potential damage of a permanent criminal record makes it necessary to exhaust all possible defenses on your case. There may be some rights available to you and an experienced NC attorney can help you enforce those rights. Additionally, as your trial attorney we will defend and advocate for you during the proceedings.

Contact a DVPO Violation Attorney

Have you or someone you know been arrested for a DVPO violation? Seek legal advice at the earliest possible time. Our experienced criminal defense attorney will help you. Never fight a DVPO violation alone. You are better off securing the services of a criminal defense attorney to explore all possible defenses.

Who is responsible for DVPO?

If the judge grants you the order, the Sheriff’s department in your county will be responsible for “serving” the abuser with the DVPO. The abuser doesn’t have to follow the order until the abuser is served with the paperwork- because that is when the abuser “officially” knows about the order.

What can a judge order as part of a DVPO?

If a judge grants you a DVPO, the judge has many options for types of “relief” or specific things the judge can order as part of the DVPO. The most common types of relief include: Ordering the abuser to have no contact with you.

Why do victims reconcile with their partners?

This happens for a range of reasons, from victims hoping that an abuser has changed, to a desire to keep families together, to victims being forced by their abuser through threats or power and control tactics.

How long can a continuance last in a civil case?

In addition, the law states that “A continuance shall be limited to one extension of no more than 10 days unless all parties consent or good cause is shown.”. Therefore, if the abuser tries to get a second continuance and you object, the judge has to find “good cause” before the judge will continue the case.

How long can a judge order a DVPO?

However, the judge can order the DVPO for less than a year (for example, 6 months) if the judge feels for some reason that the DVPO is not needed for an entire year.

How to find the phone number of a county clerk?

You can locate the phone number to the civil clerk’s office in your county by using the Administrative Office of the Courts website, selecting “Courts,” selecting “Court Information by County,” selecting your county, and then selecting “Court Telephone Directory” on the left-hand side.

What is domestic violence?

Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense:

What happens if a court enters a DVPO?

If the court enters a DVPO, a violation can have criminal consequences. This post reviews the criminal offenses involving violations of DVPOs.

What is a felony while DVPO prohibits act?

Committing felony while DVPO prohibits act. One offense is the commission of a felony in violation of a DVPO. A person is guilty of this offense if he or she commits a felony at a time when the person knows the behavior is prohibited by a valid protective order. The offense is a felony one class higher than the felony the person committed.

Is domestic violence a criminal offense in North Carolina?

In North Carolina, victims of domestic violence are protected by both civil and criminal laws. Our state’s Domestic Violence Protective Order (DVPO) laws are in Chapter 50B of the General Statutes. A person seeking relief under Chapter 50B may file a civil action in district court alleging acts of domestic violence and seeking entry of a protective order. If the court enters a DVPO, a violation can have criminal consequences. This post reviews the criminal offenses involving violations of DVPOs.

What is the North Carolina Coalition Against Domestic Violence working on?

The North Carolina Coalition Against Domestic Violence is working in 2021 toward limiting and clarifying which subsequent court orders may supersede a domestic violence protective order.

What is a 50B in North Carolina?

These include the domestic violence protection order, called DVPO for short. This order is also commonly called a 50B or a restraining order.