domestic abuse restraining order checklist
North Carolina General Statutes § 50B
North Carolina General Statutes Chapter 50B allows a victim of domestic violence to seek relief by filing for a Domestic Violence Protective Order. It is also referred to as a Restraining Order, 50B Order, or a DVPO. A request for protective order may be filed at the local county Clerk of Court Office in any county of N.C. The paperwork to request a protective order is available there. An attorney is not required to prepare the paperwork or to go to court with a victim and there is no filing fee.
After filling out the paperwork, the victim will have a hearing
before a District Court Judge who will determine if a protective order will be granted. A temporary, emergency protective order may be granted by the court for ten (10) days if there is serious or immediate danger to the victim or a minor child.
The following people, are eligible for a protective order:
· Current or former spouses.
· Persons of the opposite sex who live together or have
lived together.
· Persons related as parents and children or as grandparents
and grandchildren.
· Persons who have a child in common.
· Current or former household members (includes same-sex
relationships if parties live or have lived together.)
· Persons of the opposite sex who are in a dating relationship.
According to Chapter 50B, the following acts are considered domestic violence:
· Attempting to or intentionally causing bodily injury. · Placing someone or a member of someone’s family or household in fear of imminent serious bodily injury.
· Committing any act defined in GS 14-27.2 through 14-27.7 (rape & sexual offenses.) · Placing someone in fear of continued harassment rising to a level that inflicts substantial emotional distress “Harassment” is conduct that torments, terrorizes, or terrifies a person and includes all types of communication, i.e. written, telephone, fax, e-mail, voice mail.
Victims of domestic violence can request the following relief in a restraining order:
· Direct batterer to refrain from threatening, abusing,
following, harassing, or otherwise interfering with the victim.
· Grant victim possession of the residence and exclude the
Batterer.
· Award temporary custody of minor children to the victim
and establish visitation rights.
· Order spousal support and/or child support.
· Provide for possession of personal property.
· Prohibit batterer from purchasing a firearm.
· Order completion of abuser treatment program.
· Any additional prohibitions or requirements deemed
necessary to protect the victim.
Orders can be entered for up to one year and can be renewed multiple times for “good cause." Orders that are entered on or after 10/1/05 may be renewed for up to 2 years rather than one year.
