Charlotte Domestic Violence Protection Order Lawyer

In North Carolina, victims of domestic violence can secure protective orders to restrain abusers from further acts of abuse against them and their children. Any terms imposed by a domestic violence protective order would exist separately from any criminal sanctions that may apply to the abuser’s conduct, and violation of a valid protection order is also a criminal offense.

However, as our experienced family attorneys know, state courts do not issue protective orders for every petition they receive, and the process of establishing grounds for such an order to be put in place can be both legally complicated and emotionally overwhelming. Having help from a Charlotte domestic violence protective order lawyer can be vital to getting a positive result and minimizing stress on your family. En Español

What Kinds of Protective Orders Can a Court Impose?

There are technically two types of domestic violence protective orders (DVPOs) available in North Carolina, each of which serves a slightly different purpose. The first is an ex parte temporary protective order, which a court can issue immediately after receiving a petition. This ex parte order helps immediately protect the petitioner and their children from what the court perceives to be possibly imminent harm.

If the court then determines during a full hearing that there is a danger of further domestic violence against the victim or the victim’s minor child(ren), the court has the authority to impose the second type of order, often called a “final” order. This order lasts for one year and, depending on the exact circumstances, can prohibit the targeted party from threatening, assaulting, harassing, abusing, or even having any contact whatsoever with all protected parties.

If applicable, a family court can extend an existing “final” domestic violence protective order for another two years, provided the party who first requested the order files another petition to request the extension before the original one-year term expires. The court also has the authority to assign temporary custody of children to the petitioning party, as a Charlotte domestic violence protective order attorney can further explain.

How to Apply for a Protective Order in Charlotte

The first steps to seeking a domestic violence protective order in North Carolina include filling out an official DVPO petition form, signing it in the presence of a notary public, and submitting it to the clerk of court. Paper copies of this form are available at the court clerk’s office in each of the state’s civil courts. The Administrative Office of the Courts’ website also provides copies of this form and various others which may be involved in the DVPO application process.

Applicants also usually need to file a summons with the court, which orders the person who would be restrained by a DVPO to appear in court for a hearing. Then, a petitioner must have that summons served on that person by the local sheriff’s department or a process server. If applicable, the petitioner can indicate on their initial petition that they want to request an ex parte temporary order to protect them until this hearing occurs.

During the hearing, which should usually be scheduled for no later than 10 days after receipt of the initial petition, the court will ask for evidence showing why a DVPO is necessary and offer the subject of the order an opportunity to defend themselves. Representation from a lawyer in Charlotte can be essential to preparing effectively for this hearing and presenting the strongest possible case in pursuit of a domestic violence protective order.

A Charlotte Domestic Violence Protective Order Attorney Could Help

If you have been affected by domestic violence, you have a right to seek court protection and relief under state law. Enforcing that right in a proactive way could be crucial to protecting your own best interests as well as those of your children. Likewise, having help from experienced legal counsel could be vital to understanding your rights and navigating around common legal and procedural roadblocks during the domestic violence protective order application process.

Our attorneys at Sussman Law Firm have the experience and knowledge necessary to help you pursue the protection your family needs. Call a Charlotte domestic violence protective order lawyer today to learn more.