|
Disclaimer: None of the
information in this section is designed to be legal advice. The
North Carolina Coalition Against Domestic Violence shall not be held
liable for any improper or incorrect use of the information
described and/or contained herein and assumes no responsibility for
anyone's use of the information. Please contact an attorney for
legal assistance. For further disclaimers please refer to the Legal
Notices, Disclaimers and Terms of Use section of our website.
Domestic
Violence Protective Orders (DVPO):
What is a Domestic Violence Protective Order (also known as a 50-B
or a restraining order)?
A Domestic Violence Protective Order is a civil document signed by a judge which
states that the abuser is not permitted to make contact with the
plaintiff (person who filed the complaint). Contact includes coming onto the
property of the plaintiff, at their workplace, school, etc., as well
as phone calls, emails or sending messages via other people.
If the abuser violates any provision of the order, the plaintiff
can call the police and have the abuser arrested. If the police will
not arrest the abuser, the plaintiff can go to the county's
magistrate's office and take out a warrant against the abuser for violating
the order.
See
Chapter 50B.
Can I get a Domestic Violence Protective Order in North Carolina?
Yes, if you are living or have lived with your partner in the past. While people
in heterosexual relationships can get a DVPO regardless
if they are living together or in a dating relationship, same-sex
couples must be living together or have lived together in the past to get the same protection.
What is the difference between a Domestic Violence Protective
Order and a criminal
charge?
A DVPO is a civil order. It differs from criminal
actions because no one is arrested once the order has been issued
unless the perpetrator violates the order.
What other things can a Domestic Violence Protective Order do?
 |
Evict the abuser from
the home that the couple shares.
|
|
|
Prohibit the abuser
from possessing and purchasing a firearm.
|
|
|
Revoke the abuser's
concealed handgun permit if s/he has one.
|
|
|
Order the abuser to
attend a batterer's treatment program. |
|
|
Grant temporary
custody of minor children to the victim. |
How do I obtain a
Domestic Violence Protective Order?
The first step in this process is filling out the paperwork. You can
obtain paperwork three different ways.
1. Print out the forms provided in the links below. Be sure to print
all of the forms linked below. It is very important to
present to the court all of the information and forms required.
2. Go to your local
courthouse. Find the clerk of civil court. They should have the
packets ready to give you when you ask for it.
3. Visit your local
Domestic Violence Shelter and ask for the packet. The shelter should
also be able to assist you in filling out the forms. *Before you do
this, check to see how LGBT-friendly your county's Domestic Violence
Shelter is.
Domestic Violence
Protective Order Forms:
|
|
AOC-CV-303
- Complaint And Motion For Domestic Violence Protective Order
|
|
|
AOC-CV-303 I
- Instructions For Domestic Violence Forms
|
|
|
AOC-CV-304 -
Ex Parte Domestic Violence Protective Order
|
|
|
AOC-CV-305 -
Notice Of Hearing On
Domestic Violence Protective Order
|
|
|
AOC-CV-306 -
Domestic Violence Protective Order
|
|
|
AOC-CV-312
- Identifying Information About Defendant Domestic Violence Action
|
|
|
AOC-CV-313
- Motion To Renew Or Set Aside Domestic Violence Protective Order
Notice Of Hearing
|
|
|
AOC-CV-314
- Order Renewing Domestic Violence Protective Order
|
|
|
AOC-CV-317
- Civil Summons Domestic Violence
|
|
|
AOC-CV-609
- Affidavit As To Status Of Minor Child
|
Filling out the Paperwork
Often it can be overwhelming to fill out paperwork when you see how
many pages there are. However, when you take a closer look, many
pages only require that you fill out a few lines: your county, your
name and address, and your partner's name and address.
Here are a few tips
for filling out the papers:
1. Don't fill out sections labeled "Findings" or "Conclusions."
2. If you are unsure if you should fill out a section, you can ask
the clerk of court if you should complete the section.
3. When the clerk files the paperwork, ask her/him if you completed
the paperwork correctly.
4. Be as specific as possible. Include times and dates if possible.
Filing a
Domestic Violence Protective Order
You MUST file the DVPO in the county where you reside. Take the completed paperwork to the clerk of court. The
clerk will file the necessary papers and give them back to you. The
clerk will the "swear you in" and ask you if all the information
provided is correct. Then the clerk will have you sign a statement
verifying this. At this time, the clerk will send you to a Judge.
Going Before the Judge
This will be the first of two hearings. The first hearing is usually
simple and quick. Although each Judge may have some minor
differences on how they run their courtroom, the basic procedure is
the same. You will enter the courtroom and hand the bailiff your
paperwork. The bailiff will give the file to the Judge. Some judges
will want you to speak with them at that time. If they do not
indicate this, sit down in the courtroom and wait for the Judge to
call your name.
When the Judge calls your case, s/he will review all the forms and
make sure everything is completed correctly. The Judge may ask you a
few questions and will decide whether or not to grant you a
Temporary Restraining Order (Ex Parte Domestic Violence Protective
Order). If the Judge grants the temporary order, s/he will set a
court date for the Permanent Restraining Order. This second hearing
(sometimes referred to as the ten day hearing) is usually
between one week to ten days later. The Judge may also explain how
to use the order and how to go about getting the abuser served with
the hearing summons. Usually you will take the specified papers to
the Sheriff's Department where a deputy will serve the abuser.
What is the
difference between an Ex Parte DVPO and a Permanent DVPO?
The Ex Parte grants you temporary protection from your abuser until a
permanent order can be issued. The Ex Parte lasts for ten days.
The Hearing for the Permanent DVPO:
This will be the most difficult portion of the process. If your
local Domestic Violence Shelter has a Court Advocate, it may be
helpful to have her/his support and knowledge. Be prepared to see
you partner at the proceeding. Legally they have the right to defend
themselves from the accusations.
When the Judge calls your case, you will be expected to answer
questions. The Judge will also ask your partner questions pertaining
to the complaint. If the Judge grants a Permanent Order, the DVPO
may be issued for one year. NC law allows the DVPO to be renewed
when the order expires. You may
renew your DVPO by filing a motion before it expires.
Do I need a
lawyer?
Generally you will not need a lawyer. However if your abuser has a
lawyer, you should obtain one as well. If you don't find out that
your abuser has a lawyer until the day of the hearing, you can ask
the Judge for a continuance in order for you to hire a lawyer.
After you obtain your DVPO:
Make several copies of
the order and keep a copy with you at all times.
|
|
At your place of
employment. |
|
|
In your home
|
|
|
In your car.
|
|
|
At all of your
friends' and family's homes. |
Criminal Process
North Carolina’s criminal code covers many acts of violence that
commonly occur in abusive relationships; however, most of the laws
are not based on whether or not people are in a relationship. These
laws would apply equally to strangers except domestic criminal
trespass and violation of a domestic violence protective order. This
is part of what makes it hard to track domestic violence crimes in
North Carolina. The following are common crimes that abusers commit
against their intimate partners. They are all misdemeanor crimes.
The maximum punishment is 150 days in jail with the highest record
level. Stalking and violation of a DVPO can be elevated to felonies
if certain criteria are met.
|
|
Assault on a Female |
|
|
Communicating Threats |
|
|
Assault by Pointing a
Gun |
|
|
Domestic Criminal
Trespass |
|
|
Harassing Phone Calls |
|
|
Injury to Pregnant Woman |
|
|
Injury to Personal
Property |
|
|
Assault Inflicting
Serious Injury |
|
|
Assault with a Deadly
Weapon |
|
|
Stalking |
|
|
Interference with
Emergency Communication |
|
|
Violation of a
Protective Order |
|
|
Assault in the Presence
of a Child |
|
|
Simple Assault |
Other common crimes
committed by abusers are rape and sexual assault. These offenses are
felony crimes.
Misdemeanor criminal offenses are heard in district court in front
of a judge. There is no jury. The defendant is entitled to an
attorney. An assistant district attorney represents the state. Only
the state can dismiss the charges. A victim of domestic violence
cannot dismiss charges. A defendant can appeal if found guilty and
the case will go before a jury in superior court.
Disclaimer: None
of the information in this section is designed to be legal advice. The
North Carolina Coalition Against Domestic Violence shall not be held
liable for any improper or incorrect use of the information
described and/or contained herein and assumes no responsibility for
anyone's use of the information. Please contact an attorney for
legal assistance. For further disclaimers please refer to the
Legal Notices, Disclaimers and Terms of Use
section of our website. |
