Domestic violence is most commonly raised in North Carolina pursuant to proceedings for a Domestic Violence Protective Order (DVPO). Domestic Violence Protective Orders are governed by Chapter 50B of the North Carolina General Statues.
North Carolina General Statute § 50B-1(a) defines domestic violence as “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”.
In order to qualify for issuance of a Protective Order, the parties involved must be current or former spouses; persons of opposite sex who live together or have lived together; related as parents and children or as grandparents and grandchildren; have a child in common; current or former household members; or persons of the opposite sex who are in a dating relationship or have been in a dating relationship.
Domestic Violence Protective Orders are a type of court order which can be issued ex parte. Once a Domestic Violence Protective Order is issued ex parte, or an application is denied, the Court will affix a return hearing date after five days’ notice of the hearing to the other party or after five days from the date of service of process on the other party, whichever occurs first. Following a hearing, the Court will assess whether there is an ongoing need to issue a Domestic Violence Protective Order for a period of up to one year, and can grant further relied including but not limited to awarding possession of a residence, ruling on temporary custody of the parties’ minor children, and restricting the ability to purchase and own firearms. Domestic Violence Protective Orders are also subject to indefinite renewals for periods of up to two years upon a showing of good cause.
Our experienced attorneys have significant experience in domestic violence litigation, regardless of if you are the party seeking or opposing a protective order. We are here to help guide you through the process and reach the best possible outcome. Contact us today to schedule a consultation or for answers to your questions about domestic violence.