Contents
What is a North Carolina DVPO?
A DVPO is a type of protective order specifically intended for domestic violence survivors.
What is Domestic Violence in this Context?
When seeking a DVPO, the victim must have experienced an act of domestic violence as defined by North Carolina General Statute Section 50B-1.[1] Domestic violence includes:
- Attempts to cause injury
- Intentionally causing injury
- Causing fear of imminent serious injury or continued harassment
- Committing a sexual offense against the victim
Who Can File for a DVPO?
In order to qualify for protection under a DVPO, the victim and accused abuser must have a personal relationship that meets one of the following:
- Current or former spouses
- Opposite sex roommates
- Parent and child
- Co-parents to a shared child
- Current or former household members
- Current or former opposite-sex significant others
If you do not qualify for protection under these relationship requirements, you may be able to obtain a civil no-contact order.
What Protection Does a DVPO Provide?
The court can grant numerous types of relief in a domestic violence protective order[2]. DVPOs can prohibit the abuser from committing further violent acts. They can also order the guilty party to vacate the residence and make child or spousal support payments.
Is a DVPO Permanent?
Domestic violence protective orders are sometimes referred to as permanent, but they do not last forever. A DVPO lasts for up to one year with the option to apply for renewal. Temporary orders in domestic violence situations are called ex parte orders[3] and are used when the court believes protection in the time leading up to the hearing is necessary.
What Happens if a DVPO is Violated?
Knowingly violating a protective order is a crime, most often a Class A1 misdemeanor.[4] Criminal charges may be placed or the court can hold the violating party in contempt.
How to Obtain a DVPO in North Carolina
When you file for a DVPO, you should be prepared to present evidence that you need protection from the defendant. A hearing date will be set, and if the judge holds a trial, you can and should present evidence, including pictures, recordings, and witness testimony. You should arrive at the hearing prepared with all the evidence you need because you will not be able to stop the hearing to gather further proof.
Filing to Renew a DVPO
When the initial DVPO is set to expire, you can file a motion to renew with the clerk’s office. You must complete this step prior to the expiration date. A new hearing will be set, and a judge can renew the DVPO for up to two years if they determine that there is good cause.
If you have questions about filing for or renewing a DVPO in North Carolina, call Ley Law at 252-612-0007.
[1] NC General Statute §50B-1. https://ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_50B/GS_50B-1.pdf
[2] NC General Statute §50B-3. https://ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_50B/GS_50B-3.pdf
[3] NC General Statutes §50B-2. https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_50B.html
[4] NC General Statutes §50B-4.1. https://ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_50B/GS_50B-4.1.pdf
