Who Can File a Domestic Violence Protective Order?
A Domestic Violence Protective Order, also called a DVPO or 50B Order, can be filed by anyone in which you have an intimate relationship, including spouses, those you are involved in a dating relationship with, a person you share a child with, a parent, grandparent, or spouse. And although it is a common belief that women are the only ones that can file a DVPO, men can also be the one to initially file.
Understanding the Process if You’ve Been Served
If you have been served a temporary Domestic Violence Protective Order, or DVPO, you will need to understand the process and how to appropriately handle the allegations against you. First and foremost, reacting in a negative way is not beneficial to your case. You are understandably feeling emotions of anger, hurt, confusion, or guilt. You may deny the allegations against you. And, it is a natural reaction to want to defend yourself. However, how you react can and will be held against you in the future of your case. A DVPO is filed in a civil court, but you may face criminal charges if you violate the action.
Why It’s Critical to Attend the Court Hearing
It is recommended that you seek legal advice immediately upon receiving your order. At the initial filing of your case, a court date is set within ten days. If you have been served, you must attend court at that time. A determination will be made, by the judge, if the order will become permanent. If you do not attend the hearing, the judge will more than likely grant a permanent order without hearing your side of the case.
What Happens If Children Are Involved?
If children are involved, have been directly or indirectly affected by the circumstances, the restraining order can include them as well. A judge will ultimately decide whether the order will include the child or children, but a person can make the request at the initial onset of the case. And, while you may desire to see your children, it is equally as important to abide by the temporary order so that your future custodial rights are not affected.
Get Help Navigating a DVPO
If you have been served with a DVPO, and want to discuss your rights, we are here to help. Contact King Law at 888-748-5464 (KING) for a consultation. We have offices located across western North Carolina and upstate South Carolina. We are here to serve you and help navigate this journey you are on.
