Domestic violence protective order


#1

Has he already been arrested? If I remember correctly, my first order “Ex Parte Domestic Violence Order of Protection” was good for about 7-10 days (until it was heard in court). The first hearing was continued (he didn’t have a lawyer) so the order was continued until the next court date. When it does go to court both of you will have your say about the incident(s) and the judge will make a decision as to whether or not he will issue a “50-B” Domestic Violence Order Of Protection. This is good for 1 year. It can be continued for longer but you will have to appear in court prior to it expiring and tell the judge why you would like it to be in effect for another year (if you do). From what I understand the judge will then make the decision to continue it for another year.

A good source of information about these orders is your local women’s shelter, or domestic violence program. They are all too familiar with the process. Good luck. It is a horrible ordeal. I am still waiting for the grand jury to meet to find out if my ex will be indicted for what he did to me. Then the long wait for a court date and trial. Stick with it. Good Luck and BE SAFE! Don’t ever let your guard down & Don’t let him win!


#2

Please see my previous answer to this question.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

What happens when the wife files the paperwork for a domestic violence protective order to go into effect against her husband?

What happens once the spouse is served the protective order?

Is there a time limit (i.e. 30 days, 90 days) on the domestic violence protective order?