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What You Should Know About Getting a Domestic Violence Restraining Order
January 15, 2020
People will usually seek the advice of an experienced attorney when trying to defend against a restraining order. Did you know you can also contact an attorney when you need assistance in obtaining a domestic violence protective order? Coming in to see an experienced attorney who can assist you in drafting your complaint for a restraining order can have a substantial impact on whether the order is ultimately granted. Our attorneys can not only help you to navigate the process of a filing for an emergency protective order, but we can also appear in court to assist in trying to obtain a final order (which is usually for a period of one year).
North Carolina allows for two different types of restraining or “no contact” orders. The less common type of order is under North Carolina General Statute § 50C. This type of order is meant for people who are not in a domestic or personal relationship. While our firm can certainly assist in trying to obtain this type of order, the most common restraining order sought is a domestic violence protective order. These orders are controlled by North Carolina General Statute § 50B. Below is some important information to know about domestic violence protective orders:
A victim of domestic violence can file for a domestic violence protective order or “DVPO” whenever they have a “personal relationship” with the other party. North Carolina law defines “personal relationship” widely to include various types of relationships such as husband and wife, boyfriend and girlfriend, parents and children, those who have a child in common, and current or former household members. Assuming a personal relationship, a protective order may be sought as a result of bodily injury or attempted bodily injury, fear of continued harassment, and various types of sexual assault.
There is no cost associated with filing a request for a protective order and under appropriate circumstances, a person may be able to obtain an emergency protective order without the Court first hearing from the other party. These ex parte protective orders are granted for short periods of time in order to provide emergency protection. If granted, the Court has wide discretion regarding the limitations and obligations placed on the other party. Common requirements include turning over of weapons, no contact, being banned from the home and even temporary custody of children.
Contact the experienced attorneys of Beaver Courie Sternlicht Hearp & Broadfoot, P.A. for assistance with your obtaining a restraining order.
Fayetteville NC 28301
F: (910) 323-3403
127 W. Edinborough Ave.
P.O. Box 688
Raeford, NC 28376
P: (910) 875-3379
F: (910) 875-4030