Hillary Clinton

”We must remember that domestic violence is not a private issue; it is a community issue that affects us all.”

Domestic Violence

If you’re seeking a Domestic Violence Protective Order (DVPO) in North Carolina, here’s how the process typically works:

Eligibility and Relationships:

  • Anyone living in North Carolina, regardless of citizenship or immigration status, can file for a DVPO.

  • You can file for a DVPO against someone with whom you have one of the following relationships:

    • Spouse or ex-spouse

    • A person who currently or previously lived with you or in the same household as you

    • A person with whom you have a child

    • A person of the opposite sex with whom you have had a dating relationship. North Carolina now accepts complaints from same-sex couples, as well.

    • A parent, child, grandparent, or grandchild.

Filing the DVPO:

  • Visit our Onslow County Clerk of Court to obtain the necessary forms for filing a restraining order. They have a special window dedicated to filing for DVPO.

  • The form will ask for basic information about yourself, the abuser, and any children involved.

  • Fill out the DVPO paperwork and submit it to the clerk of court.

Ex Parte Hearing:

  • After filing, a judge will hold an “ex parte” hearing, which is a brief conversation between the judge and the person filing the case.

  • During this hearing, the judge will ask you about the acts of domestic violence committed by the defendant.

  • If the judge finds sufficient evidence, he or she may issue a temporary protective order that can last up to 10 days, before a mandatory review hearing is required. This is because the order was issued “ex parte,” meaning the other party was not given an opportunity to be heard.

Permanent DVPO:

  • To obtain a permanent DVPO for one year, you will need to attend the aforementioned review hearing. If an ex parte order was denied, there will still be a regular hearing calendared by the clerk to present evidence for a permanent protection order.

  • At the hearing, you’ll present all of your evidence of the alleged domestic violence.

  • If granted, a permanent DVPO can last for up to one year initially but can be renewed for up to two years at a time.

Enforcement and Violations:

  • A DVPO requires the perpetrator to stay away from you.

  • Law enforcement can arrest the perpetrator on the spot for violating the order.

  • While a DVPO is not a criminal conviction, violating it can lead to criminal charges against the defendant.

Remember that if you are in immediate danger, call 911. The National Domestic Violence Hotline is also available at 1-800-799-7233 (SAFE) for assistance. Stay safe and seek legal help if needed! If you need an attorney, please make an appointment for a free consult.