North Carolina Divorce Lawyers Blog
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Renewing a Domestic Violence Protective Order in North Carolina

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A Domestic Violence Protective Order (DVPO) can last up to one year in North Carolina. These protection orders can be filed against anyone you have a personal relationship with, and violations mean the other party can be arrested. DVPOs provide a much-needed layer of protection for divorcing spouses facing domestic violence.

If your DVPO is set to expire soon, you may be able to receive a renewal. A renewal can last up to two years, and you can continue to receive renewals as long as there is good cause for the DVPO to remain in place.[1]

Filing for DVPO Renewal

To request your protective order be renewed, you will need to file a motion in the clerk’s office of the court that entered the original DVPO. Ensure that you complete this step before your current order expires. At the hearing, you will need to show that good cause exists to renew the DVPO.[2] Good cause does not require any new domestic violence acts to have occurred.

Alternatively, the defendant can agree to renew the protective order, as in the case of Jabari v. Jabari.[3]

Jabari v. Jabari

Wife filed for a DVPO against Husband in 2019, and a consent DVPO was entered with a temporary custody addendum. In 2020, Wife filed to renew the protective order due to Husband’s numerous violations and subsequent criminal charges associated with his behavior.

At the renewal hearing, Husband agreed to stipulate to a DVPO extension in order to prioritize custody issues. Wife’s testimony detailed Husband’s criminal charges and her continued fear of him. The trial court entered the renewed protective order based on Wife’s continued fear and the consent of both parties. Husband filed to have the DVPO declared null and void, but the trial court denied the motion, and Husband appealed the denial.

The Court of Appeals upheld the renewal, stating that the decision by the lower court was supported by sufficient fact findings and conclusions of law. One of the deciding factors in this determination was that Husband stated in court that he consented to renewing the DVPO. Additionally, he signed the renewed order.

When the defendant agrees to the DVPO, the order is legally binding just like any other court order.[4] A Greensboro divorce lawyer is a valuable resource for learning more about a DVPO renewal, and they can help you negotiate a consent order or prepare for your hearing.

 

[1] North Carolina Judicial Branch. How to Get a Protection Order. https://www.nccourts.gov/help-topics/domestic-violence/how-to-get-a-protection-order

[2]NC General Statutes § 50B-3. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_50B.html

[3] Jabari v. Jabari, 2022-NCCOA-379. https://appellate.nccourts.org/opinions/?c=2&pdf=40847

[4] North Carolina Judicial Branch. How to Get a Protection Order. https://www.nccourts.gov/help-topics/domestic-violence/how-to-get-a-protection-order