In North Carolina, domestic violence affects individuals and families across the state. For those seeking to protect themselves and their children from abusive relationships, domestic violence protective orders (DVPOs) are an essential tool.
These orders provide a legal avenue for victims of abuse to gain safety and security. A key feature of these orders is the ability to request temporary custody of children through an addendum to the DVPO.
If you’re facing domestic violence and are seeking protection for yourself and your children, it’s important to understand the role and implications of a temporary custody addendum in a DVPO. Here’s a comprehensive guide to help you navigate this legal process.
Contents
What is a Domestic Violence Protective Order (DVPO)?
A Domestic Violence Protective Order (DVPO) in North Carolina is a court order that provides protection to individuals who are victims of domestic violence.
The goal of a DVPO is to stop abuse and to ensure that the victim is safe from further harm. This order can be granted on a short-term basis (up to 10 days) until a full hearing is held to determine the need for a longer-term order (up to one year).
What is a Temporary Custody Addendum?
A temporary custody addendum is an additional request made when filing for a DVPO. It allows the victim of domestic violence to request immediate temporary custody of their minor children in the event that their safety or well-being is at risk.
If there is an immediate concern for the child’s safety due to the presence of the abusive parent, the court can issue a temporary custody order as part of the DVPO.
The addendum is meant to address urgent situations where the child may be in immediate danger. The temporary custody addendum ensures that the child is removed from a potentially dangerous environment and placed in the care of the parent or guardian who can best protect them.
How to Request a Temporary Custody Addendum in North Carolina
- Filing the Petition for a DVPO: The process begins with filing a petition for a DVPO in district court. This petition will outline the allegations of domestic violence and the need for protection.
- Petitioning for Temporary Custody: In the petition, you must specifically request temporary custody of the children. Be clear about the reasons why the child’s safety is at risk. This could include allegations of physical abuse, threats of harm, neglect, or any other factor that makes the child’s current living situation unsafe.
- Duration of the Temporary Custody Addendum: The temporary custody arrangement is just that—temporary. It is intended to ensure the child’s safety while the court works to resolve the underlying issues. What is most important to understand, though, is that a Temporary Custody Addendum cannot be renewed, even if the DVPO is renewed. So, once your year is up under the original DPVO, it would be reasonably prudent to have something new in place regarding custody (which can be accomplished by filing for custody or a modification of custody during the duration of the Temporary Custody Addendum).
Can the Abusive Parent Contest the Temporary Custody Addendum?
Yes, the abusive parent can contest the temporary custody order. During the full hearing, they will have the opportunity to present their case and provide evidence. However, the court’s priority will always be the safety and well-being of the child.
Conclusion
Temporary custody addendums in domestic violence protective orders are vital tools for ensuring the safety of children in North Carolina. They allow a parent or guardian to quickly gain temporary custody of their child when there are concerns of abuse or neglect. If you are in an abusive relationship and concerned for your child’s safety, requesting a DVPO with a temporary custody addendum can provide immediate protection.
If you find yourself in this situation, it’s essential to consult with an experienced attorney who can guide you through the process and ensure that your rights—and the safety of your children—are protected. Whether it be for a DVPO or filing for custody during the duration of a Temporary Custody Addendum, our lawyers at Ley Law can help you.
Remember, domestic violence is not just physical abuse—it encompasses emotional and psychological abuse too. Help is available, and you do not have to face this alone. Reach out to our team at Ley Law and set up a consultation today.
LeAnne Goss Author
LeAnne M. Goss is an Associate Attorney at Ley Law, dedicated to Family Law, Juvenile Law, Abuse, Neglect, and Dependency Court (DSS court), as well as Appellate Law. She graduated from the University of North Carolina at Greensboro in 2019 with a Bachelor’s in Liberal Studies focused on Humanities and earned her Juris Doctor from Campbell Law School in 2023.
