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Durham Crisis Response

Center offers support services


for victims of domestic and
sexual violence.
If you would like, a DCRC
advocate can accompany you
to court.
You can contact DCRC at:
(919) 403-9425

You may also contact Legal


Aid of North Carolina for
free legal services.
(919) 688-6396

PLACE
STAMP
HERE

Need support?

What happens next?


Seeing the Judge
After filling out the complaint, you will
need to appear before a Judge in order
to get an Emergency Ex Parte Order.
(Ex Parte means that the defendant
isnt present.)
If you fill out the complaint during or
before domestic violence court is in
session (2 PM-4 PM Monday-Thursday),
you may be able to go before the judge
on the same day. The judge will decide
whether to grant you a 10-day
emergency order.
Otherwise, the court must hear the
request for your emergency order
within 72 hours or by the end of the
next day the court is in session.
10-day Emergency Ex Parte Order
If you are given a 10-day order, you will
also be assigned a date to return to
court for your permanent DVPO.
During this time, the sheriff will serve
the defendant with notice of the order,
so that he can appear in court as well.
You must return to court on your court
date or your protective order will
expire.
Returning to Court
When you return to court, you and the
defendant will have the chance to tell
your side of what happened. You can
bring witnesses to help your case. The
judge will then decide whether to give
you a permanent order of up to one
year.

What you need to


know about filing a

Domestic
Violence
Protective
Order

What is a DVPO?
A Domestic Violence Protective Order
is a civil order that gives a victim of
domestic violence protection from
his/her abuser. Many people refer to
it as a "restraining order.

Filing a DVPO is not the same thing as


filing criminal charges against the
abuser.
You may also bring criminal charges
against a defendant, but you are not
required to do so

What can a DVPO do?


A DVPO can order an abuser to do (or not
do) several things, including:
Stay away from you
Not contact the you by phone, mail,
email or otherwise
Move out of your shared home
Stop abusing, threatening, and
harassing you
In some cases, a DVPO may also be able
to:
Give you possession of property or a
pet
Grant you temporary custody of
children and/or arrange for visitation
Whether a judge orders any or all of the
above depends on the facts of your case.

Who can get a DVPO?

Filling out a DVPO


At the Clerks Office, you will fill
out a 50B complaint. It will ask
you to provide information
about yourself, the person you
want protection from, and
examples of abuse that you
have experienced.
Try to be specific and provide
dates, if possible
You are the plaintiff; the
person you want protection
from is the defendant
It is very important for you
to provide a good address
where the defendant can be
served with the paperwork.
This can be the defendants
home, work, or the place the
defendant is staying. Without
this address, the sheriff
cannot serve the paperwork,
and the court will not be able
to grant the order

In order to be eligible for a DVPO in


North Carolina, you must prove that,
more likely than not, a defendant has:

attempted to cause bodily injury, or


intentionally caused bodily injury;

placed you or a member of your


family or household in fear of
imminent serious bodily injury;

Has continuously harassed you to


the point that it has inflicted
substantial emotional distress; or

committed rape or another sexual


offense

How should I prove


my case?
You can use any of the following alone
or in combination

You can testify yourself or call


witnesses to testify for you

Text messages, emails, or other


social media posts

Photographs of injuries or property


damage

Any other evidence that is relevant

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