Qualifications for a Domestic Violence Protection Order in North Carolina

Filing for a Domestic Violence Protection Order in North Carolina offers legal protection against an abuser. Many victims of domestic violence assume they won’t qualify for a protective order or that the process will be arduous. In reality, these court orders are relatively straightforward and can provide immense peace of mind. 

Basic Qualifications for a DVPO in North Carolina

You must live in North Carolina to file for a Domestic Violence Protection Order (DVPO) in the state. You do not need to have citizenship. 

The state also requires you to meet a few basic qualifications before seeking a DVPO. 

Type of Relationship

Domestic violence protection orders are for domestic, personal relationships. You can file a DVPO against:

• A spouse or ex-spouse
• A person living in the same household (or who has previously lived in the same household)
• The parent of your child
• A person of the opposite sex whom you are dating (or have previously dated)
• A parent
• A child
• A grandparent
• A grandchild

Note that the “person of the opposite sex whom you are dating” language comes directly from the NC Courts website. Still, these protective orders are available for those in same-sex relationships as well. 

Type of Domestic Violence

DVPOs are for those who have experienced domestic violence under North Carolina law. For a judge to grant a DVPO, the defendant must have committed one of the following acts against you or a child in your custody:

• Physical injury (actual or attempted)
• Sexual assault
• Ongoing harassment that causes “substantial emotional distress”
• Fear of “imminent serious bodily injury”

How To File for a DVPO 

If you believe you meet the above qualifications, you can start the filing process for a domestic violence protection order in North Carolina. Local domestic violence agencies throughout the state assist with this process. Still, it helps to have an attorney on your side to collect evidence against your abuser and help you navigate the process successfully. 

Fill Out the DVPO Paperwork

You can visit the clerk of courts in your county to receive a copy of the DVPO paperwork. If you choose to work with a local domestic violence agency, you can fill out the paperwork through its office instead. 

You will need to provide the following information:

• Your name
• The defendant’s name and address
• Your reason for seeking a DVPO
• Whether or not you are afraid of additional domestic violence acts 

There is no filing fee for DVPO paperwork. 

Attend an Ex Parte Hearing 

If you are in danger of additional domestic violence, you can request an ex parte hearing as part of your initial paperwork. This is a quick conversation between you and the judge. 

The judge will inquire about the domestic violence acts the defendant committed. If they find that you have grounds for a domestic violence protection order in North Carolina, they may grant an “ex parte order,” which is a short-term DVPO that lasts until the hearing. This can keep you safe until you receive a final order. 

Serve the Defendant

A law enforcement officer will need to officially serve the defendant with a copy of all court paperwork, notifying them of your intention to seek a DVPO. This paperwork also includes the date of the official hearing. 

Attend the Hearing 

You and the defendant must attend the hearing with the judge. The judge will ask you whether you want to proceed with the DVPO. They will also ask the defendant if they consent to the order. 

If the defendant consents, the judge will grant the order. If they do not consent, the judge will hold a trial at a later date to determine whether to issue a one-year DVPO. 

If the defendant has been served but does not show up on the hearing date, the judge may grant the DVPO without hearing from the defendant. 

Attend the Trial, If Necessary 

You and your attorney will have time to collect evidence of the defendant’s violent acts, and the defendant will also have time to gather evidence disputing your claims. 

The judge will hear the evidence and decide whether to grant a one-year DVPO. 

Seek Legal Support From Biggs Law Firm

If you are interested in filing for a domestic violence protection order in North Carolina, you can’t afford for your case to be dismissed. Seek legal assistance from Biggs Law Firm and gather compelling evidence to support your case. 

Contact Biggs Law Firm today at 919-375-8040 to request a consultation.