DVPO - a Defendant's Concerns

North Carolina Divorce Law Divorce and Separation Answers
1

In September I was Served a DVPO (Domestic Violence Protective Order).

  1. We had a court date, but our case was not reached, so we get to go back in October.

  2. The form that was Filed showing the new court date is called an “Order Continuing Domestic Violence Hearing and Ex Parte Order”.
    It states that - “The Court Orders that the ex parte order entered in this case is continued in effect until the date of the hearing set above”
    I know this as there is a CheckMark beside this statement.

  3. My STBX’s lawyer told me there was two exceptions to the Court Order now (which she hand wrote in the “Notes to Clerk” section on the Form):
    a. Defendant can call the minor children from xxx - xxx daily (I hid the time for privacy).
    b. Def may see the minor children on Oct xx from xx AM - xx PM and Def may pick up / drop off minor children from the marital home.
    c. All the rest of the DVPO remains in affect.

MY QUESTION
Is my STBX’s Lawyer considered the “COURT” ?
In the “Ex Parte Domestic Violence Order of Protection” pg 4 of 5, it states that ONLY the “COURT” or the JUDGE can change the Court Order.

To me the Lawyer is NOT the “COURT”.

PLEASE CONFIRM as:
The other day, my child (12 yrs old) left me a voice mail stating mom’s lawyer said “the children can contact Dad ANYTIME they want to”.
My STBX’s Friend left me a voice mail the same day stating the same too.
Additionally - my child informed me during our allotted phone call that I was to pick them up from different location than our House,
because mom’s lawyer said it was okay.

I am trying everything I can to adhere to this DVPO, but feel like this lawyer is trying to set me up in a trap because I do not have a lawyer to help me.
I have seen a Lawyer (consultation), however do NOT have the money to retain one.

2

No lawyer is considered the court, however your spouse, through her attorney made provisions for your children so that they would be able to have contact with you awaiting hearing. So long as you do not have direct contact with your ex other than to facilitate the transfer of the children and the phone calls to them you are not violating the order.

3

ERIN -

Thank you for your Prompt reply - I am begging for another prompt reply - please.
I can only call my children between xpm - xpm (one hour window) (it is sometime after 7 and before 9)

Although YOU are telling me (if I understand correctly) that I could pick up my children from a diff loc than the marital house
AND that I could call them or they call me (?), other than between xpm - xpm,

I am very Detailed Orientated. The Court Order CLEARLY states, I go to jail if I violate it.

Can you explain a little more how it is OKAY to violate it (in my mind) from your reply ?

4

If the order states you may call your children during a certain time period in the evening you may do so without violating the order.