Practice Areas
Domestic Violence
Protective Order
Domestic Violence Protective Orders: Ensuring Safety and Justice
A Domestic Violence Protective Order (DVPO) is a vital legal tool that safeguards victims of domestic violence from their abusers. Referred to as a “DVPO” or “50B” in reference to the corresponding chapter of the North Carolina General Statutes, this court-issued restraining order provides crucial protection and relief. This article aims to provide a comprehensive overview of DVPOs, including their definition, qualification criteria, types of protection offered, consequences of violation, and duration.
Understanding Domestic Violence and DVPO Qualifications
Under Chapter 50B of North Carolina law, domestic violence encompasses acts such as attempting or causing bodily injury, inducing fear of serious harm or harassment that inflicts substantial emotional distress, and engaging in defined sex offenses. To qualify for a DVPO, the victim and the alleged perpetrator must have or have had a personal relationship, which includes current or former spouses, cohabiting couples, parents and children, grandparents and grandchildren, parents of a common child, current or former household members, and individuals in a dating relationship.
Comprehensive Protection Offered by DVPOs
Upon a court’s determination that domestic violence has indeed occurred, a protective order is issued to restrain the perpetrator from further abusive actions. The scope of protection provided by a DVPO is extensive and can include the following:
- Directing the restrained party to refrain from any abusive acts.
- Granting the victim possession of the shared residence while excluding the abuser.
- Mandating the provision of suitable alternate housing for the victim and their children.
- Temporarily awarding custody of minor children and establishing visitation rights.
- Ordering the eviction of the abuser from the residence and facilitating the victim’s return.
- Imposing child support payments as required by law.
- Enforcing spousal support payments as required by law.
- Ensuring access to personal property, including pets, kept by either party or residing minors.
- Prohibiting the restrained party from threatening, abusing, or following the victim.
- Preventing harassment through means such as telephone calls, workplace visits, or other methods.
- Addressing animal cruelty within the household.
- Restricting interference with the victim’s life.
- Granting attorney’s fees to either party.
- Temporarily prohibiting the restrained party from purchasing firearms.
- Requiring attendance in an approved abuser treatment program.
- Including any additional prohibitions or requirements deemed necessary to protect any party or minor child involved.
Consequences of Violating a DVPO
Knowingly violating a valid protective order is considered a Class A1 misdemeanor. Law enforcement authorities are authorized to arrest and take violators into custody, with or without a warrant, based on probable cause of the violation.
Duration and Renewal of DVPOs
Protective orders generally remain in effect for a fixed period, not exceeding one year. However, a court can renew the order for an additional fixed period of up to two years if there is good cause to do so, ensuring sustained protection for the victim.
Domestic Violence Protective Orders are crucial legal mechanisms designed to provide safety and relief to victims of domestic violence. If you or someone you know is facing domestic violence, it is essential to understand your rights and seek legal guidance promptly. We offer objective evaluation, legal support, and representation to help you navigate the complexities of obtaining a DVPO and securing your well-being. Remember, you are not alone; help is available to ensure your safety and pursue justice.
