If you are the victim, or if you have been accused, of domestic violence in North Carolina, you may be eligible for a domestic violence protective order (DVPO). A DVPO is different from a criminal charge because there is no guilt or innocence, and there is no jail time when issuing a DVPO. A DVPO requires that you and the other party had some sort of familial relationship such as, dating partners, former or current spouses, roommates, or members of the same family.

If granted, a DVPO can be put in place for twelve months and renewed indefinitely for up to two years at a time. The issuance of a DVPO can have serious consequences both direct and indirect. A DVPO may affect employment opportunities, the possibility of owning or possessing firearms, and increase anxiety and stress when out in public. Even though a DVPO is not criminal itself, a violation of such order is. Such a violation is a Class A1 misdemeanor in North Carolina and includes the potential of spending time in jail, paying court costs and fines, and the requirement of participating in a domestic abuse program.

If you believe you are in need of a DVPO, or if you are defending a DVPO, it is important to take the following steps:

1. Seek legal advice.       Speaking with a North Carolina domestic violence attorney can be crucial in prosecuting or defending a DVPO. An experienced attorney will be able to help you prepare a defense, gather evidence, and speak with witnesses regarding the facts surrounding the case.
2. Gather evidence.         Gathering evidence for a DVPO is extremely important and may be the difference between a DVPO being granted or denied. Gathering evidence, and backing it up, can be difficult if you do not know what you are doing. There are specific ways in which different types of evidence must be gathered so that it can be presented in court. An experienced attorney will know how to properly gather the evidence needed in your case and help prepare the appropriate defense.
3. Preparing a defense.   There is no golden ticket to defending a DVPO in North Carolina. In some cases, the appropriate defense may be a legal argument that an experienced domestic violence attorney would know. In some cases, the appropriate defense may be based upon the evidence gathered. Each case is different and requires a complex analysis of the case by an experienced attorney.
4. Attend all court appearances. Once a DVPO action has been commenced, it is extremely important that you attend all court dates related to the case. If you are the one asking for the DVPO and you miss a court date, the court will most likely dismiss your claim and you will be forced to refile. If you are the one defending the DVPO and you miss a court date, you risk the court entering the DVPO without you there to present your side of the facts. No matter which side of the case you are on, you must be at all court dates associated with the DVPO.

In some instances, there may be too many facts against you. If that is the case, you can always consent to a DVPO and voluntarily elect to give the other party what they are asking for. If you do that, there will not be any findings of fact related to domestic violence and may end up benefiting you in the end. DVPOs are complex and it is crucial that you meet with an experienced North Carolina domestic violence attorney to discuss your case and to protect your rights and interests.