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Protective orders and domestic violence can be difficult and sensitive legal matters. The attorneys at King & Rowe, PLLC understand the importance of providing compassionate and effective legal representation in these cases. Let us use our years of experience and expertise to help you find a resolution.
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North Carolina Protectice Order and Domestic Violence
Any person residing in the state of North Carolina may seek a Domestic Violence Protective Order (DVPO) under Chapter 50B of the North Carolina General Statutes. This provision includes both men and women.
To have standing, or the ability to file a claim under Chapter 50B, a party must have a "personal relationship" with the person against whom he or she is seeking a DVPO. North Carolina law has defined a "personal relationship" to be a relationship between:
1. Current or former spouses;
2. Persons of the opposite sex who live together or have lived together;
3. People who are related as parents and children or as grandparents and grandchildren;
4. People who have a child together;
5. People who are current or former household members; or
6. Persons of the opposite sex who are in a dating relationship
Those persons who do not fall within the legal definition of "personal relationship" may still be able to file for a Civil No-Contact Order under Chapter 50C of the North Carolina General Statutes.
For a judge to be able to grant a Chapter 50B DVPO, the judge must find that the defendant committed one or more of the following acts of domestic violence:
1. Intentionally caused bodily harm to the plaintiff;
2. Attempted to cause bodily harm to the plaintiff;
3. Placed the plaintiff in fear of imminent, serious bodily harm; or
4. Placed the plaintiff in fear of continued harassment that rises to such a level to inflict substantial emotional distress.
If the judge finds that an act of domestic violence has occurred, the judge can grant an emergency ex party temporary order that can last up to ten (10) days. After the ten (10) days, there will be a second hearing to see if a permanent order is an appropriate form of relief. A permanent DVPO can last up to one year and can include the following types of relief:
1. Order the defendant to refrain from threatening, abusing, harassing, or following the plaintiff;
2. Grant to a party the possession of the residence or household of the parties and exclude the other party from the residence or household;
3. Award temporary custody of minor children and establish temporary visitation rights
4. Order the eviction of a party from the residence or household and assistance to the victim in returning to it;
5. Provide for possession of personal property of the parties, including the care, custody, and control of any pets; or
6. Prohibit a party from purchasing a firearm for a time fixed within the order.
If you would like to explore your options in obtains Domestic Violence Protective Order, please do not hesitate to contact King & Rowe, PLLC immediately and speak with an Attorney.
Contact us today 828-466-3858.