Charlotte Divorce Lawyer Blog
What to Know About Domestic Violence Protective Orders
Personal relationships are complex. We are usually very trusting of our loved ones. However, there are times when a relationship takes a turn for the worse. When someone you love harms you or threatens to impose harm, it can be terrifying. A victim of domestic violence or abuse needs a way to protect themselves from future harm. A domestic violence protective order is a legal way to prevent contact and abuse in the future. A knowledgeable attorney will help guide you through the process of obtaining a protective order.
What is a Domestic Violence Protective Order?
Domestic violence or abuse is the mistreatment of a spouse, partner, or family member. A domestic violence protective order is one of the most common types of restraining orders in North Carolina. A domestic violence protective order is also called a DVPO or 50B order. A DVPO is a legal court order that prohibits someone who perpetrates domestic violence from getting near a victim. If someone violates the order they will face criminal charges and may be arrested immediately. Generally, a permanent DVPO is in place for up to a year but may be renewed.
What Qualifies as a Domestic Relationship?
In order to seek a domestic violence protective order you must have a domestic relationship. The law defines a domestic relationship as one between spouses, former spouses, unmarried couples who live together, a person with whom you have a child, a family member, or a person who lives with you. In addition, a dating relationship may qualify as domestic. If you are the victim of workplace violence, you may be able to obtain a civil no-contact order instead of a DVPO.
How to Obtain a Domestic Violence Protective Order
To obtain a DVPO, the judge must find that a defendant intentionally committed an act of domestic violence, including causing or attempting to cause physical harm, placing someone in fear of harm, continued harassment, or sexual harm. The first step is to file a request for DVPO with your local county clerk. The court will set a hearing date at which time you will be able to provide details to the judge. You can find the necessary documents online or you may visit the courthouse. If you have an attorney, your lawyer will guide the process.
Emergency Restraining Orders
Often, there is an urgent need to seek a restraining order. In these instances, you are able to request an emergency restraining order. If you are in imminent physical danger, you should seek safety and call 911. The court can provide an emergency protective order. This is a temporary order which is put into place immediately. A temporary restraining order is in place only until a hearing can take place at which time the judge will hear from the parties and make a decision as to a permanent order.
Although you aren’t required to have an attorney to request a restraining order, it can be helpful. Your attorney understands the details and will be able to assist you with the legal issues during this difficult time. To seek legal guidance, contact Arnold & Smith, PLLC, at (704) 370-2828 to speak with our experienced lawyers.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/domestic-violence/how-to-get-a-protection-order
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_50b.html
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts: