A Domestic Violence Protective Order, also known as a “DVPO” or a “50B,” is an order from the court requiring a perpetrator of domestic violence, the defendant, to stay away from the victim, the plaintiff. If the perpetrator violates the order of the DVPO, law enforcement is permitted to arrest the perpetrator on the spot.
A person need not be a citizen of the state of North Carolina, or a citizen of the United States to file for a DVPO. Anyone living in the state of North Carolina can file for a DVPO if they have a qualifying relationship with the perpetrator. The following is a list of qualifying relationships:
- Spouse or ex-spouse;
- A person who currently or previously lived with you or in the same household as you;
- A person with whom you have a child;
- A person of the opposite sex with whom you have had a dating relationship; or
- A parent, child, grandparent, or grandchild.
In addition to having a qualified relationship with a perpetrator, a qualifying form of domestic violence must also be present. The plaintiff will need to prove to the judge that the perpetrator intentionally committed one of the following acts against the plaintiff or a child in the plaintiff’s custody:
- Attempting or causing physical injury.
- Placing in fear of “imminent serious bodily injury”
- For example, pointing a gun.
- Ongoing harassment, by committing at least two wrongful acts against the plaintiff with no legitimate purpose, and which causes “substantial emotional distress.”
- For example, various phone calls throughout the day, caused the plaintiff fear.
- Sexual assault.
Once the DVPO paperwork has been filed, a judge will then have a conversation with the plaintiff to determine if the defendant has committed a form of domestic violence against the plaintiff. If the judge determines that the defendant has committed domestic violence against the plaintiff a temporary DVPO will be issued. The judge will also set a date for a hearing on the order at this time. The short-term DVPO will typically stay in place until the next hearing.
A DVPO can be renewed upon its expiration if a judge finds that there is “good cause” to renew. Good cause does not require an additional or new act of domestic violence from the perpetrator.
There are no court costs associated with the filing, issuance, registration, or service of a DVPO. If you or someone you know requires a 50B domestic violence protective order, it is important to act quickly and seek legal assistance. At King Law Offices, we understand the sensitive and urgent nature of these situations and are here to help. Our experienced attorneys can guide you through the process of filing for a protective order or defending against one. We are committed to protecting the safety and well-being of our clients and their families. Contact King Law Offices today at (888)-748-KING.