In North Carolina, victims of domestic violence, or parents of children who are victims of domestic violence, can seek protection from the court system. A North Carolina Domestic Violence Protective Order often referred to as a DVPO, prevents any further contact, threats, harassment, or abuse by the aggressing party. The Court can also evict an aggressor from the home, force the forfeiture of firearms, and mandate participation in an abuser treatment program, among other types of relief. The DVPO can stay in effect for up to one year, with the possibility of extension if the risk for abuse still exists at that time.
Those seeking protection via a North Carolina Domestic Violence Protective Order must establish: (a) a “personal relationship” defined by statute with the aggressor; and, (b) at least one of three acts defined by statute that constitute domestic violence, such as attempting to or causing bodily injury and placing the victim in fear of serious bodily injury.
To obtain protection from domestic violence, the victim may apply for ex parte relief, which is hearing conducted without the assailant present. A judge can issue a temporary order for domestic violence that remains in place until a review hearing, at which time the assailant can appear and present his or her response to the claim of domestic violence. After the presentation of all evidence, a judge will determine if sufficient grounds exist to enter a Domestic Violence Protective Order.
If you or someone you know has been a victim of domestic violence and wants more information about domestic violence protection, contact us at (704) 810-1400 to schedule a consultation.