Domestic Violence Protective Orders in North Carolina

You may be asking, “Can I get a DVPO (Domestic Violence Protection Order) without an attorney?”  You can and sometimes even seasoned attorneys have difficulties getting DVPOs. Going into court to prosecute or defend against a domestic violence protection order (50B) requires more than just adequate counsel. DVPO’s are a particular kind of case, and some family law attorneys don’t handle them.

At NicholsonPham, we are well positioned to help you through your case, whether prosecuting or defending. We have been on both sides of these matters for years and we understand the courtrooms.

In Durham and Orange County courts, these cases are heard in a separate courtroom, befitting the unique status that DVPO’s hold in North Carolina jurisprudence. The rules of evidence apply but these cases are form-driven, using pre-printed forms developed by the Administrative Office of the Courts (AOC), and people often try to proceed without counsel.

50B’s can also have a real impact in family law matters, either because the allegations trigger a marital breakup or because one party has requested temporary child custody or has requested that certain marital property be temporarily distributed to them (like a house or a car). And if a 50B is granted, it often denies the defendant any ability to communicate with the plaintiff which then requires a third-party, often a lawyer, to step in to solve even the simplest issue, like who is paying next month’s water bill or who is picking up the child from early-release day at school.

We’ve compiled a list of tips for helping you get through your DVPO.

1. Think carefully about the allegations in the initial complaint. NC appellate law can limit plaintiffs to evidence that was alleged in the filing. If you’re defending against a DVPO, ask the judge to limit the plaintiff’s evidence to only what was alleged. If you’re prosecuting, be sure to make your complaint as thorough as possible.
2. Be prepared to move quickly. DVPO’s are cases in a hurry and NC law requires that they be given priority status over other cases. Hearings on ex parte orders (the initial order a judge issues without hearing both parties) must be heard within ten days. Don’t expect a District Court judge to allow you to postpone the case for long periods of time.
3. Be prepared to testify. Or not. If you are the plaintiff, you must present some evidence at your hearing. Even if your complaint is perfectly drafted and explains everything that you’ve gone through, you must prove your case in front of the judge through live testimony. If you’re defending against a DVPO, it’s possible that you might not have to testify. Sometimes the plaintiff doesn’t present a sufficient case, and you can ask the court to dismiss at the close of the plaintiff’s evidence. Or, if you’re facing criminal charges arising out of the allegations, it may be more prudent not to testify. 
4. A DVPO will have an impact on a custody case. It can impact the parties’ ability to take part in court-ordered custody mediation since judges will often waive mediation if there’s a history of domestic violence. And domestic violence is a factor that a judge must consider in determining the best interest of a child in custody proceedings.
5. If you’re trying to protect a minor child, decide whether the child should be the plaintiff or if the child can be protected through a DVPO that you get in your name. A child can be a plaintiff in a DVPO even if the parent hasn’t suffered domestic violence themselves, but a Rule 17 guardian ad litem will have to be appointed by the court. A parent can be a Rule 17 guardian ad litem – it doesn’t require an attorney.
6. Consider whether you can resolve the matter without a trial. A Consent DVPO is often an elegant way to get an order of protection without requiring the defendant to admit wrongdoing. Some courts will also allow a substitution of a Rule 65 injunction. It’s possible to find a solution which will still allow the parties to speak directly to each other so they can continue to coordinate childcare or distribution of marital assets.

You can do it yourself and you may want the aid of people who understand the system. Our attorneys can help guide you through the process, get the relief you need and think about the next steps. NicholsonPham often handles these cases on a flat fee basis, providing the comfort of a guarantee in billing.