As a victim of abuse or stalking, you may fear that your abuser is lurking around every corner. Filing a protective order, or “restraining order,” can give you peace of mind, and you should work with a protective and restraining orders lawyer to quickly take the correct actions for your protection and security.
Restraining orders are court orders that require a person to stay a specific distance from another person or location. You can request that your abuser stay a specified distance from you and your children, as well as from your house, your workplace, and locations you frequent.
Restraining orders can be temporary or permanent, and they can include unique terms and conditions. If you have recently dealt with abusive or stalking behavior, a North Carolina protective order lawyer is prepared to help you navigate this process and secure a court order that can keep you and your family safe. Contact our legal team at Speaks Law Firm, PC, Family Law Division to schedule a case review.
Protective or restraining orders can enhance security for any individuals who do not feel safe in the presence of another person. Typically, the following categories of people seek restraining orders:
If you have recently experienced any of the above, we can assess your situation and help you pursue a protective order. Contact our legal team today at Speaks Law Firm, PC, Family Law Division.
A domestic violence protective order (DVPO) is a type of temporary protective order specifically for victims of domestic violence. This order prevents the abuser from having any contact with the victim for a specified time. If the abuser violates the requirements of the protective order, they may face new criminal penalties in addition to any penalties for the domestic violence acts they previously committed.
You may be eligible for a DVPO if the person who committed the abuse is a family member, a current or former spouse, the parent of your child, or a current or former member of your household.
A DVPO can provide several protections aside from preventing the abuser from coming into contact with you. For example, this order can:
Your domestic violence lawyer can help you file a DVPO and seek all of the necessary protections within this order.
If your abuser violates the requirements of your domestic violence protective order, they can face a range of penalties, such as:
DVPOs are serious orders, and even one violation of these orders can lead to harsh penalties. A DVPO provides protection and peace of mind.
If you believe your abuser has violated your domestic violence protective order, you can call the police to report this violation. Alternatively, you can let your restraining order lawyer know about the violation to determine the appropriate next steps. Contact our protective and restraining orders legal team today for a consultation.
Domestic violence protective orders are temporary restraining orders. These orders can last for up to one year, but you can seek multiple renewals that can last up to two years each if you establish there is “good cause” each time. Good cause may include additional threats from the perpetrator or previous violations of the order.
However, the exact length of a DVPO depends on the amount of time the court deems necessary. Your domestic violence protective order lawyer can advocate on your behalf to ensure that your protective order meets your specific needs and provides comprehensive protections.
Whether you need a protective order for a domestic violence perpetrator or to protect your family from another unsafe person, your attorney can assist you throughout the process. We can help you understand which type of protective order is appropriate for your needs.
At Speaks Law Firm, PC, Family Law Division, we have extensive experience helping Wilmington, NC clients file protective and restraining orders that give them peace of mind. Contact our family law attorney team today to schedule your case review.
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Below are some frequently asked questions about Protective and Restraining Orders:
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:
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.
A DVPO can require a perpetrator to complete or refrain from a range of actions. These orders can:
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.
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