DVPO in NC: Domestic Violence Protective Orders
If you’re afraid for your safety or a family member’s, a domestic violence protective order can remove someone from your home and prohibit contact.
Understanding Protective Orders
A domestic violence protective order, often called a DVPO, can remove someone from a shared residence, prohibit contact, and stop them from assaulting, threatening, or harassing you or your family. To request one, you’ll generally need to complete a Complaint and Motion for Domestic Violence Protective Order, commonly known as a 50B form, and show the court that you have a reasonable fear for your safety or that of a household member.
The Questions Clients Actually Ask About DVPOs
I’m scared of my girlfriend; how do I get her out of the house?
Men ask this more often than most people expect, and the law is the same for either partner. If you live together, or lived together in the past, you are “current or former household members” and Chapter 50B applies to you. If she has assaulted you, tried to, or placed you in fear of imminent serious bodily injury, you can file a complaint for a domestic violence protective order at the clerk’s office in your county. If the judge finds an immediate danger, the ex parte order can grant you exclusive possession of the residence and order her to leave, with the sheriff’s assistance, even if the lease or deed is in her name. Bring photographs, messages and the names of anyone who witnessed the behavior. Do not change the locks or remove her belongings on your own before you have an order; that can create claims against you.
How do I get a restraining order against my boyfriend?
Are you scared of your boyfriend? Has he already harmed you, is he threatening to harm you, or is he harassing you? Are you afraid for other family members, like a child? If the answer to any of these is yes, you likely qualify for a DVPO because a current or former dating relationship is a covered relationship under Chapter 50B; you do not need to have lived together or have children together. The process is the same as for spouses: file the complaint, request an ex parte order if you are in immediate danger, have him served, and attend the return hearing within about ten days. There is no filing fee. If the relationship was a single date or casual acquaintance rather than a dating relationship, Chapter 50C, the civil no-contact statute, applies instead.
Can I protect my children with a Domestic Violence Protective Order?
Yes. A DVPO may include your minor children as protected persons, and it can award you temporary custody, set the other parent’s visitation terms or suspend visitation, and order that exchanges happen through a third party or at a safe location. To obtain temporary custody in an ex parte order the judge must find that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse. The custody provisions last as long as the DVPO does, up to one year. They are temporary, so a separate custody action under Chapter 50 is needed for a long-term order, and a finding of domestic violence in the 50B case will be considered in that action.
What does a domestic violence protective order (DVPO) do?
A DVPO is a civil court order that can direct the defendant not to assault, threaten, abuse, follow, harass or interfere with you; to stay away from your home, workplace, school and your children’s school; to have no contact with you by any means, including through other people; to move out and give you possession of the residence; to surrender a vehicle; to pay temporary support or attorney fees; and to surrender all firearms, ammunition and gun permits to the sheriff. Violating a DVPO is a crime, and law enforcement can arrest without a warrant when they have probable cause to believe an order has been violated. The order is entered into a national registry so it can be enforced in every state.
How to Get a DVPO in North Carolina
- File the complaint. Go to the clerk of superior court in the county where you live, where the defendant lives, or where the abuse happened. The forms are free and the clerk’s office and local domestic violence agencies can help you complete them. Describe specific incidents with dates, and list every type of relief you want.
- Ex parte hearing. If you allege that you or your children are in immediate danger, a judge reviews the complaint the same day, usually without the defendant present. If the judge finds a danger of acts of domestic violence, an ex parte order is entered immediately and lasts until the full hearing.
- Service. The sheriff serves the defendant with the complaint, the ex parte order and notice of the hearing. The order is not enforceable against the defendant until he or she has been served or has knowledge of it.
- Return hearing. The full hearing is set within ten days of the ex parte order or seven days after service, whichever is later. Both sides may testify, call witnesses and present evidence. The defendant may consent to the order without admitting the allegations.
- Final order. If the judge finds that acts of domestic violence occurred, a DVPO is entered for up to one year. Before it expires you may ask the court to renew it for up to two additional years, and no new act of violence is required for a renewal.
You may represent yourself, and many people do at the ex parte stage. At the return hearing the defendant will often have an attorney, and the outcome affects custody, the home and firearms for a year or more. If the case involves children, shared property or a pending divorce, talk to a family law attorney before the hearing. For the broader legal picture see our domestic violence practice page.
DVPO FAQs
Do I need to have already been harmed to get a DVPO?
No. A credible threat of harm, harassment, or fear for your safety can be enough, depending on the facts of your situation.
Can a DVPO cover my children too?
Yes, protective orders can extend to protect other household members, including children, from the same behavior.
How long does a DVPO last?
An initial emergency order is temporary, and a full hearing determines whether a longer-term order is granted and for how long.
What is the difference between a DVPO and a restraining order?
People use the terms interchangeably, but in North Carolina a domestic violence protective order under Chapter 50B is for people in a personal relationship, and a civil no-contact order under Chapter 50C is for stalking or sexual assault by someone you were not in a relationship with. Only the 50B order can address the home, custody, support and firearms. Read more on civil no-contact orders.
Does a DVPO go on the defendant’s criminal record?
Not by itself. A DVPO is a civil order, but it is a public court record, it is entered into the National Crime Information Center registry, and a violation of the order is a criminal offense. It also disqualifies the defendant from possessing firearms under state and federal law while it is in effect.
What happens if the defendant violates the order?
Call 911. Knowingly violating a DVPO is a Class A1 misdemeanor, and law enforcement may arrest without a warrant. Repeat violations, violations involving a deadly weapon, and entering a protected location while the plaintiff is present carry felony charges. You may also ask the civil court to hold the defendant in contempt.
Can the defendant contact me through friends or family?
No, if the order prohibits contact. Third-party contact, messages relayed through children, and social media tags all count as contact. Save the messages and report the violation.
Can I drop the DVPO if we reconcile?
You can ask the court to dismiss the action before a final order or to set aside a final order later. The judge may ask questions to confirm the request is voluntary. Until the court acts, the order remains in effect and the defendant can be arrested for violating it even with your permission.
Will I have to face the abuser in court?
At the return hearing both parties are present in the courtroom. Courthouses have separate waiting areas, and you may bring a domestic violence advocate to sit with you. If you have an attorney, the attorney handles the questioning. Tell the bailiff or clerk if you are afraid so they can arrange safe entry and exit.
Related Reading
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