Domestic Violence Protective Orders (DVPOs), or what are commonly referred to as " 50B Restraining Orders", are court orders that, at a minimum, require a person (i.e. the defendant) to have no contact with the person applying for the order (i.e. the plaintiff). DVPOs also generally include conditions that the defendant not threaten, abuse or harass the plaintiff. A DVPO could also create a temporary custody order when the parties involved have a child in common. It is important to consult with an experienced attorney in this area whether you are attempting to get a protective order or defending against one brought against you without merit, because a DVPO can not only keep a parent away from their child(ren), but could also lead to serious criminal charges if violated.
In North Carolina, there are strict rules regarding who can apply for a DVPO and under what circumstances. In emergency cases, the court may hear from the victim of domestic violence and issue a temporary protective order even without the presence of the alleged abuser. This is known as an Ex-Parte order, which is only valid for 10 days after it is granted, after which a hearing must be held to determine whether to extend the order up to one year. As an experienced domestic violence attorney, I understand that not every situation warrants a DVPO, and often times people will try and get a restraining order to gain leverage in an on-going custody dispute. Contact us today if you need a restraining order to protect yourself and/or your family members, or if someone is trying to get a restraining order against you based on false allegations.