Below are some frequently asked questions about Protective and Restraining Orders:
What is a domestic violence protective order?
North Carolina law recognizes a few different types of protective and restraining orders. The most common protective order is a domestic violence protective order (DVPO). This civil restraining order can protect victims of domestic violence by prohibiting their perpetrators from coming into contact with them and completing other acts.
You may be eligible to file a DVPO against someone with whom you have a personal relationship who has committed domestic violence. This person may include:
- A current or former spouse
- A person you have cohabitated with
- A relative, such as a parent, child, or grandparent
- A household member
- A person with which you are in a dating relationship
- Our protective and restraining orders attorney can help you through the DVPO process.
How do you obtain a DVPO?
To file a DVPO, you must complete paperwork at the clerk of court’s office. You can obtain this paperwork from the clerk’s office, through a domestic violence program, or from a protective and restraining orders attorney. Your attorney can help you complete the paperwork if desired.
There is no filing fee for DVPO petitions. Once you submit the petition, the court will review it to determine the necessity of a DVPO.
If you do not have a qualifying relationship for a DVPO, you can file a no-contact order instead. Your protective order lawyer can assist you in determining the right protective order and filing the petition with the court.
What do protective orders do?
A DVPO can require a perpetrator to complete or refrain from a range of actions. These orders can:
- Prohibit the perpetrator from contacting you or entering your dwelling
- Grant you temporary custody of a shared child
- Prohibit the perpetrator from purchasing a firearm
- Order spousal support or child support
- Order the perpetrator to complete an abuser treatment program
- Direct the perpetrator to refrain from abusing, harassing, threatening, or following you
How long do protective orders last?
Protective orders last for up to one year. You can renew your order if you have “good cause.”
Our Wilmington family law attorneys at Speaks Law Firm, PC Family Law Division can help you navigate protective and restraining orders while keeping your family’s safety as the top priority. If you’re looking for a domestic violence lawyer near, contact us today at (910) 769-7339 to schedule your case review.
Speaks Law Firm, PC Family Law Division
300 N. 3rd St. Suite 310
Wilmington, NC 28401