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Basics of Domestic Violence Protective Orders

By Sherrie C. Smith February 25, 2019

Family Law

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What is a Civil Domestic Violence Protective Order (aka 50B)?

A civil domestic violence protective order (DVPO) under North Carolina General Statute § 50B, gives relief against domestic violence. This statute requires a relationship between the people involved, either as current or former spouses, current or former dating partners, people who have a child in common, or current or former household members. If your spouse, dating partner, or household member has caused or attempted to cause you bodily injury, or placed you in fear of imminent serious bodily injury or continued harassment, then you need a domestic violence order of protection. If the judge finds that your complaint is sufficient, then an ex-parte DVPO will be entered without the other person’s knowledge. The defendant will be served by the sheriff and a court date will be set within ten (10) days, so the defendant can defend against the allegations.

In a civil domestic violence protective order, you can also request temporary custody of your minor children, temporary child support, and/or temporary spousal support.

Do I need to hire an attorney?

YES, YES, YES. Whether you are the party seeking a DVPO, or you are the party defending against a DVPO, you need to hire one of the skilled attorneys at Helms, Robison, Lee, & Bennett, PA. Do not risk your future by handling this matter on your own.

A DVPO can affect the future of your custody case and/or your divorce case. A civil DVPO can also show up on a criminal background check, which may affect future employment opportunities.

Our attorneys will work diligently to get you the best possible outcome for your specific case. Call us right away at (704) 289-4577.

The allegations in the DVPO are all lies!

Unfortunately, there are occasions when civil domestic violence protective orders are unfounded. If you believe the allegations in the DVPO are baseless and have only been used as leverage in your custody or divorce case, then call our office right away. We will assist you in gathering the evidence you need to refute the allegations in court.

Help outside of the attorney’s office

If you are a victim of domestic violence, it is always a good idea to seek help and counseling services. Turning Point of North Carolina is a great resource, and they have a 24-hour hotline. Visit their website at https://turningpointnc.org/ for more information.

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