Domestic Violence Awareness

What is a Domestic Violence Protective Order (DVPO)?

In North Carolina, a Domestic Violence Protective Order is an order a judge can issue to safeguard a victim from domestic violence.  The order is commonly known as a “50B” order due to the governing statute, N.C. Gen. Stat. 50B.  Once granted, this order compels the offender to have no contact with the victim and a violation can result in the offender’s arrest. In addition to this primary safeguard, a 50B protective order can also offer other forms of protection, including:

• Granting possession of a residence to the victim or evicting the offender;

• Allocating possession of personal property within the residence;

• Providing possession or use of a vehicle;

• Prohibiting the offender from possessing or purchasing a firearm; and

• Granting temporary child custody.

How do I determine my eligibility for a Domestic Violence Protective Order?

To be eligible for a DVPO, a victim must demonstrate that the offender committed one or more of the following acts against them or a minor child under their care:

• Attempting to cause bodily injury;

• Causing bodily injury;

• Placing the victim or minor child in fear of imminent serious bodily injury;

• Subjecting the victim or minor child to continued harassment that causes substantial emotional distress; or

• Committing certain sex-related acts with the victim.

In addition to these criteria, the victim must establish a “personal relationship” with the offender, defined as:

• Current or former spouses;

• Persons of the opposite sex who have cohabited or previously cohabited;

• Relatives, such as parents and children or grandparents and grandchildren;

• Individuals with a child in common;

• Current or former household members; or

• Persons of the opposite sex in a dating relationship.

If a victim has experienced violence but lacks the specified personal relationship, a DVPO will not be granted. However, the victim may still be eligible for a 50C Protective Order, which has similar protections.

How Can an Attorney Assist Victims in Obtaining a DVPO?

Securing legal representation is often crucial for individuals seeking a DVPO. While an emergency DVPO can be obtained from a magistrate, the emergency order will only last a short period of time, and a permanent DVPO requires a court appearance. This process can be intimidating as it involves presenting evidence and questioning the offender. Moreover, the offender may have legal counsel making it challenging to navigate court procedures and legal requirements.

An experienced attorney can evaluate the case in advance ensuring that all necessary elements for a DVPO are met.  An attorney also manages the courtroom proceedings, offering support and guidance to the victim, ultimately facilitating a smoother and more secure experience throughout the legal process.