Domestic Violence Orders of Protection and No Contact Order Lawyers in North Carolina
At the David W. Martin Law Group, our North Carolina family law attorneys want all our state’s residents to understand that they do not have to subject themselves to dangerous circumstances.
If you or someone you know has had their life impacted by domestic violence or harm from another, you or they may be eligible to pursue a Domestic Violence Order of Protection or No Contact Order.
Not only can we help, but we want to help.
Our North Carolina family lawyers will listen to your story, so we can understand the danger you are in before explaining the legal protections that apply to your unique case, so you can make informed decisions about your safety and your future.
What is the Difference Between a Domestic Violence Order of Protection and a No Contact Order in North Carolina?
In North Carolina, two types of protective orders are designed to keep victims out of harm’s way.
The first is a Domestic Violence Protective Order — also called a DVPO or 50B Order — that requires the perpetrator to stay away from the victim.
The victim in 50B orders can be anyone living in North Carolina — regardless of citizenship or immigration status — if he or she shares a “personal relationship” with the offender and has been impacted by domestic violence.
An initial 50B order is obtained temporarily but can become “permanent” for one year at a follow-up hearing. Thereafter, the DVPO may be renewed for up to two years at a time following the initial court order.
All DVPO documents are public record, which means a defendant can be arrested and criminally charged for violating the order.
Victims of abuse who do not have a qualifying personal relationship with the offender may be eligible to file a no contact order instead.
A no contact order — also called a 50C Order — is like a DVPO, that is designed specifically for victims of sexual assault or stalking. any violation of a 50C Order will not result in the arrest of the accused, but they can be enforced by a judge by holding the defendant in contempt of court. Like the DVPO, a 50C can be renewed as long as the judge finds good cause but for only a period of one year.
Our experienced family law attorneys in North Carolina represent clients in the following legal matters:
- Alienation of Affection
- Child Custody and Visitation
- Child Support
- Father’s Rights
- Parental Relocation
- Property Division
- Prenuptial & Postnuptial Agreement
- Separation Agreements
What Types of Personal Relationships Qualify for Domestic Violence Protective Orders in North Carolina?
North Carolina law defines only certain categories of relationships as meeting the definition of a “personal relationship” to be able to file a DVPO
Personal relationships that qualify for pursuing a 50B order include:
- Spouse or ex-spouse
- Those who had a dating relationship
- Person who currently or previously lived in the same household
- Those who share a child, no matter their current relationship
- Parents, children, grandparents, or grandchildren
To obtain a DVPO in North Carolina, the victim must show that the alleged offender committed an act of domestic violence as defined by law, which means intentionally committing one of the following acts against the victim or his or her child:
- Placing the person in fear of imminent serious bodily injury
- Causing or attempting to cause physical injury
- Sexual assault
- Continuing to harass a person more than two times with no legitimate purpose, causing substantial emotional distress
Who is eligible to file for a Civil No-Contact Order:
As stated previously, to file for a 50C, the victim must NOT have a “personal relationship” with the offender and must show that the offender committed “unlawful conduct.” North Carolina defines unlawful conduct under the statute as “the commission of one or more of the following acts by a person 16 years of age or older upon a person but does not include acts of self-defense or others: nonconsensual sexual conduct, including single incidences and stalking.”
Stalking is defined as the willful or intentional commission of a series of acts that would cause a reasonable person to fear death or serious bodily injury and that, in fact, does place the victim in fear of death or serious bodily injury.
Harassment protection orders are designed to prevent someone from bothering, harassing, threatening, assaulting, molesting, attacking, or trying to control an individual and/or his or her rights, or communicating with them in any way.
A judge can grant a victim a civil no-contact order for up to one year from the date of your review hearing. A judge can in his/her discretion order less than a year.
What Type of Relief Can a Protected Person Receive From a DVPO or No Contact Order?
If a judge grants a DVPO in North Carolina, he or she will include specific types of protection within the order.
The most common types of relief include:
- Ordering the abuser to have no contact with protected person.
- Ordering the abuser to refrain from threatening, abusing, following, harassing, or otherwise interfering with the protected person or his or her minor child(ren).
- Ordering the abuser to not threaten the protected person’s family or household member.
- Granting temporary possession (not ownership) of a residence and excluding the abuser.
- Ordering the eviction of the abuser from the residence and assisting the protected person in returning to it.
- Ordering the abuser to not cruelly treat or abuse an animal.
- Granting the protected person possession (not ownership) of an animal.
- Ordering the abuser to stay away order from certain places, including residence, workplace, school, the children’s daycare or school, or to always stay a certain distance away.
- Granting temporary possession (not ownership) of a vehicle.
- Prohibiting the abuser from possessing or purchasing a firearm.
- Ordering the abuser to surrender current firearms and ammunition.
- Ordering the abuser to complete a certified batterer intervention program.
- Ordering temporary custody of minor children and establishment of visitation rights
- Ordering any additional prohibitions or requirements deemed necessary to protect the individual named in the order.
If a judge grants a Civil No-Contact Order, the most common types of relief include:
- Ordering the defendant not to visit, assault, molest, or otherwise interfere with the protected person.
- Ordering the defendant to cease stalking the protected person, including at his or her workplace.
- Ordering the defendant to cease harassing the protected person.
- Ordering the defendant not to abuse or injure the protected person.
- Ordering the defendant not to contact the protected person by telephone, written communication, or electronic means.
- Ordering the defendant to refrain from entering or remaining present at the residence, school, place of employment, or other specified places at times when the protected person is there.
At the David W. Martin Law Group, our skilled North Carolina domestic violence protection order and no contact order attorneys help our clients pursue the legal protection they need to take back control of their lives
Contact Our Skilled North Carolina Domestic Violence Protection Order and No Contact Order Attorneys Today
At the David W. Martin Law Group, our domestic violence protection order and no contact order attorneys in North Carolina are here to listen to your personal and legal challenges, so we can outline all potential strategies that will allow you to pursue the best outcome for your case.
Call us at 980-265-9724 today to discuss your case and get the help you need.