How do you get a Domestic Violence Protective Order in Wake County, NC?
A DVPO would provide for a permanent no-contact order in North Carolina.
Domestic violence is the commission upon an aggrieved party of one or more of the following acts:
Attempting to cause bodily injury or intentionally causing bodily injury.
Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury.
Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of continued harassment that inflicts substantial emotional distress.
Acts of self-defense do not constitute domestic violence.
The acts constituting domestic violence must be committed by a person with whom the aggrieved party has or has had a personal relationship. “Personal relationship” means the parties:
Are current or former spouses;
Are persons of the opposite sex who live together or have lived together;
Are related as parents and children or grandparents and grandchildren
Have a child in common;
Are current or former household members;
Are persons of the opposite sex who are in or have been in a dating relationship.
How to file a DVPO in Raleigh, NC
Go to the Wake County Courthouse at 316 Fayetteville Street (Room 527 on the 5th Floor) and obtain a Domestic Violence Protection Order (DVPO) and complete it. Go to Courtroom 5A between 2:00 p.m. and 4:00 p.m. and give your paperwork to the deputy who will give it to the clerk in the courtroom.
The Judge will call you to the stand, and you will be sworn in to testify about the complaint you have just filed. The judge can do one of three things:
Deny your petition. Meaning no hearing and no temporary no contact order.
Grant a hearing but not a temporary ex-parte temporary no-contact order.
Grant a hearing and give you a temporary ex-parte no contact order.
If you get an ex-parte temporary no contact order it will only be good for ten days ahead of the hearing. The judge has to schedule a hearing within ten days and at that point you would have to get the judge to grant the permanent no-contact order that would last for one year.
Your order will then be sent out to the police for service on the defendant. They’ll find where he or she lives or works and hand deliver the temporary no contact order or notice of hearing.
The temporary and permanent order would mean absolutely no contact. For many people it means they get possession of the place where they live and the other party would not be able to return back to their home/residence.
Contact Granados Law Group for More Info
Granados Law Group handles DVPO cases in Wake County, North Carolina. If you are looking for the protection of a no-contact order (Domestic Violence Protective Order) you can reach us at 919-650-2851 for a free consultation.