Domestic Violence Protective Order

*The information here is for informational purposes only, and is not intended to be legal advice. Please consult your attorney for legal advice.*

What is a Domestic Violence Protective Order?

It is a civil document signed by a Judge to help protect you and your children from someone who is abusing or harassing you.
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A protective order has many names and may also be called:

• Ex-parte
• 50-B
• Restraining order
• Protective order
• DVPO (Domestic Violence Protective Order)

Does my relationship qualify?
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Plaintiff and defendant must be one of the following:

• Current or former spouses
• Persons of the opposite sex who live together
• Parents of a child in common
• Related as parent and child or grandparent and grandchild
• Current or former household members
• Persons of the opposite sex who are in or have been in a dating relationship

*If your relationship does not meet the requirements listed above, you may be eligible for a similar protective order called a "Civil No-Contact Order" (50C). Stalking and/or sexual harassment fall under the 50C protective order. Speak to a REACH advocate 24/7 for more info. 

Does my situation qualify?
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Under NCGS 50B-1(a) one of the following has to have occurred in the last couple of weeks:

• Attempting to cause or intentionally causing me bodily injury (an assault)
• Placing me in fear of imminent bodily injury (a direct threat)
• Continually harassing me and causing extreme emotional distress

• Committing a listed sexual offense against me or my child
  
  

*Every situation is different, this list is examples only. If you are unsure whether a protective order is right for you, call a REACH advocate 24/7 for more information. 

What can a DVPO do?

It may order an abuser to do the following:

• Stay away from you, your home, work, and anywhere you may be.
• Leave the residence. If you live together, you may be granted possession of the residence, or you may request an officer to accompany you to retrieve your belongings.
• Protect your pets and/or give you primary care & control of your pet.
• Surrender all firearms and ammunition to the county Sheriff and not be able to purchase or possess a firearm.
• Give you use and possession of the vehicle.
• If the children witness an incident or are injured during a domestic dispute, it may grant temporary custody of the minor children.

How to Apply for a DVPO

• See a victim advocate at REACH during normal business hours to complete the paperwork.

• Provide as many details as you can about the abuse you have suffered. You will need to include specific dates and any documentation you may have such as phone calls or text messages, and how it has affected you and your children.

• Have a hearing in front of a district court Judge and explain why you are in immediate need of a protective order.

• Return to court for another hearing within 10 days. Your abuser will receive a copy of the protective order and will be notified of the court date.

• Obtaining a protective order is free of charge.

Enforcing a protective order is a team effort!

• Report any violation to the police or magistrate immediately. The defendant will be arrested for violating the DVPO.

• Carry a copy of your DVPO with you at all times. Keep one at work, at home, at your child’s school, in your car, and one in your purse. (Law enforcement can make an arrest more easily if they can see that a protective order is in effect and that it has been violated.)

• Avoid making deliberate contact with your abuser. A DVPO orders the abuser to stay away from you and not have any contact with you. Therefore, you should not contact them either!

• The DVPO should only be one aspect of your safety plan. Consider working with your victim advocate on additional resources to keep you and your children safe!

• Do not take chances with your personal safety!

• Take steps to protect yourself from abuse!