IN THE MATTER OF: E.Q.B., M.Q.B., S.R.R.B., 2023-NCCOA-______ (2023) Sometimes a parent will commit an act of domestic violence against the other parent or involving the child. In these cases, a domestic violence protective order (DVPO) can be entered to cut off contact between the offender and the parent/child. Subsequently,…
Articles Posted in DVPO
How to Get a Domestic Violence Protective Order in North Carolina
If you are a victim of domestic violence in North Carolina, you may be able to file for a protective order. Domestic violence protective orders (DVPO; also called 50B orders) are court orders that prohibit an abuser from being near a victim. DVPOs provide a certain level of security if…
DVPOs and Personal Jurisdiction
Many victims of domestic abuse who flee their abuser have to leave the state where the abuse occurred for a number of reasons. If you find yourself in this difficult situation and have moved to North Carolina, what does that mean for your ability to get a Domestic Violence Protective…
Closing Loopholes in the DVPO Statute
Keenan v. Keenan, 2022-NCCOA-554, No. COA21-579 (Aug. 16, 2022) In August 2020, Plaintiff’s ex-husband came to Plaintiff’s house to cut her grass. Seems innocent enough, right? But Defendant ex-husband had a history of physically, verbally, and emotionally abusing Plaintiff, had been texting Plaintiff inappropriate things, had been told multiple times…
Checking the Boxes on a DVPO
Plaintiff filed a complaint and motion for domestic violence protective order (DVPO) on March 12, 2021. When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened to use or actually used a firearm in the context of domestic violence. However, Plaintiff did describe instances of harassment. Additionally, when…
Markaj v. Markaj
Plaintiff filed a complaint and motion for domestic violence protective order (hereinafter “DVPO”) on March 12, 2021. When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened use or actually used a firearm in the context of domestic violence. However, Plaintiff did describe instances of harassment. Additionally, when…
Harassment and Domestic Violence Protective Orders
Walker-Snyder v. Snyder, 2022-NCCOA-97 (2022) In North Carolina, domestic violence is not always caused by a physical act. Under the 50B statutes, actions that meet the definition of stalking can also result in the granting of a domestic violence protective order, even though the court must find that an “act”…
Ex-Parte Domestic Violence Orders
As we proceed through the ongoing Coronavirus pandemic, domestic violence incidents have increased in North Carolina. Isolation and lockdown likely have exacerbated conditions that may have already been present in a rocky relationship. Financial woes and job losses have only added to the stress. Domestic violence and violence against intimate…
Coronavirus and Domestic Violence: Signs and Solutions
The ongoing coronavirus pandemic can add another disturbing statistic: domestic violence incidents have increased in North Carolina. Isolation and lockdowns likely have exacerbated conditions that may have been already present in a rocky relationship. Financial woes and job loss have only increased the stress. For some, these circumstances amounted to…
Can My DVPO Be Re-Argued in Child Custody Court?
Doyle v. Doyle, 176 N.C. App. 547 (2006) Sometimes, what kicks off a divorce is not a slow descent into a frustrating marriage, but instead a jarring and violent incident that cannot be reconciled. Domestic Violence Protective Orders (DVPO) can be granted to spouses that fear for their or their…