There are various types of civil restraining orders in North Carolina. North Carolina General Statute Chapter 50B provides a restraining order for domestic violence offenses. Chapter 50C deals with stalking and other offenses committed without the requisite domestic relationship. Domestic violence restraining orders (DVPO) are commonly used to protect victims from domestic violence offenders. When they are used harass, extort, or intimidate, the accused needs to act quickly to protect his or her rights. If you are a victim of domestic violence or have 50B DVPO allegations against you, contact Wake County DVPO attorney Karl S. Gwaltney at 919.960.1545.
A 50B domestic violence action is a civil remedy. Criminal charges are usually initiated by law enforcement following an arrest after domestic violence accusations. Many defendants accused of domestic violence believe that it is not a big deal because it is not a criminal offense. Being accused of domestic violence may prevent you from gaining employment, cause you to lose your job or your housing.
Unlike a 50C restraining order, a 50B domestic violence order require a “personal relationship” between the plaintiff and defendant. A personal relationship includes spouses (or ex-spouses), parents and children, grandparents and children, roommates, and persons in dating relationships.
Domestic violence 50B restraining orders can have a lasting impact on divorce or separation. A DVPO can force one out of the marital home, prevent a person from having custody or visitation with their children, and award the accuser with child support and other financial support. This can be very useful to a victim of domestic violence. The DVPO statute allows the court to award any protective order that the judge believes will end domestic violence including allowing “any additional prohibitions or requirements that the court deems necessary to protect any party or any minor child.” This provisions allows a domestic violence judge wide discretion to make any ruling he or she deems necessary.
If a judge believes a person committed domestic violence, the court will order the accused to surrender to the sheriff “all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms.” This is required under both North Carolina domestic violence laws and federal domestic violence laws.
A 50B domestic violence protective order can be issued for up to one year. However, a DVPO can be renewed multiple times for a period of two years for each renewal. The standard for renewing a 50B domestic violence protective order is “good cause.” Importantly, to renew a DVPO, there need not be any new acts of domestic violence. If you are charged with a DVPO, do not violate the domestic violence protective order. Violation of a 50B DVPO is a criminal misdemeanor and arrest of the alleged abuser is mandatory.
With such high stakes, having an attorney that understands the various laws and standards involved in domestic violence 50B DVPO cases is very important. If you are a victim of domestic violence, our attorneys charge a reduced rate to ensure you are protected. If you have been accused of domestic violence, your DVPO attorney must be someone you trust to fight for your rights and ensure a fair result. The family law attorneys at Maginnis Law, PLLC are familiar with the entirety of the domestic violence process. To discuss your case, contact Wake County Family Lawyer Karl S. Gwaltney at 919.960.1545 or send a confidential email inquiry using our contact page.