Domestic violence is a pattern of abusive behavior within an intimate relationship intended to gain power and control over the victim. This can include physical violence, sexual abuse, threats, humiliation, constant criticism or name-calling, isolating the victim from others, or limiting the victim’s access to money, transportation, or employment. Both men and women can be perpetrators and victims of domestic violence.

A Domestic Violence Protective Order requires a perpetrator of domestic violence to stay away from the victim (e.g. you). Law enforcement can arrest the perpetrator on the spot for violating the order.

A DVPO is not a criminal conviction and does not appear on the defendant’s criminal record. However, all documents filed in the case are public record. A defendant can be arrested and criminally charged for violating a DVPO.

He/she can get arrested on the spot by law enforcement

There are no fees for filing for a domestic violence restraining order (DVRO).

No, a lawyer is not required.

The process of filing for a DVPO is designed to be accessible to people representing themselves. However, court officials, such as judges and clerks of court, cannot provide you with legal advice about your rights and obligations or the likely outcome of your case based on your situation.

You can get a temporary version of the restraining order the same day as you file your paperwork.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled within 3 weeks of filing.

At the hearing a formal order may be issued.

In North Carolina, the DVPO can last for up to one year, but can be renewed for up to two years at a time.

A North Carolina restraining order can have a substantial impact on a divorce, particularly in the early stages of separation. When a court issues a protective order, it may include temporary awards of child custody and support, spousal support, and property division. These temporary awards will remain in place while the parties litigate their separation and divorce. The temporary awards in a protective order can affect the resolution of some or all of those matters during a divorce proceeding.