Boone Domestic Violence Lawyers

Helping domestic violence victims obtain protection through North Carolina courts

Everyone in a household and everyone in a dating relationship has the right to security from harm. Harm includes physical abuse, threats of physical abuse, sexual assault, and harassment. At Epperson Law Office, PLLC, our family lawyers have zero tolerance for domestic violence. We routinely file requests for domestic violence protective orders (DVPOs) to protect our clients. A DVPO order provides protection, for example, by ordering that the defendant stay away from you for up to one year. A DVPO can also provide temporary legal custody of your children. Contact our Boone domestic violence lawyers now. We fight to stop domestic violence immediately.

How can we help?

What acts constitute domestic violence?
What is a Domestic Violence Protective Order (DVPO)?
- What types of domestic violence can result in a DVPO?
Who can be the defendant in a DVPO action?
How do you help victims obtain a protective order in Boone?
How can a DVPO be enforced, modified, or renewed in Boone?
Do you have a Boone domestic violence lawyer near me?

What acts constitute domestic violence?

The North Carolina Judicial Branch defines “domestic violence as a pattern of abusive behavior within an intimate relationship intended to gain power and control over the victim.” Acts of domestic violence include:

Physical violence
Sexual abuse
Threats
Isolating a victim from others
Humiliating a victim
Calling or continually criticizing a victim
Limiting the victim’s access to transportation, money, or work

The North Carolina statute, however, defines domestic violence as:

The commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense:

Attempting to cause bodily injury, or intentionally causing bodily injury; or
Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14-277.3A, that rises to such a level as to inflict substantial emotional distress; or
Committing any act defined in G.S. 14-27.21 through G.S. 14-27.33.

Both women and men can petition for a DVPO.

If you are in immediate danger or afraid for your safety, call 911 or the National Domestic Violence Hotline:

1-800-799-7233 (SAFE).

What is a Domestic Violence Protective Order (DVPO)?

A Domestic Violence Protective Order (DVPO) is a court order that “restrain[s] the defendant from further acts of domestic violence.” Another name for a DVPO is a 50B order. North Carolina provides different remedies including removing an abuser from a household; ordering the abuser to stay away from your home, work, and any other place you are; forbidding the abuser from buying a firearm; forbidding any threats or abuse; prohibiting any harassment; stopping the cruel treating one of your pets; and ordering that the abuser attend a substance abuse program.

A “permanent” DVPO 50B order can last for up to a year. A DVPO can be renewed for up to two years at a time.

A DVPO is a civil order. The abuser could also be charged with criminal offenses depending on the case.

What types of domestic violence can result in a DVPO?

You can file a DVPO for yourself and for your children. In addition to physical abuse, sexual abuse, humiliation, threats, and limiting access to finances, you may also have grounds for a DVPO for acts of coercive control. Coercive control includes:

Isolating you from family, coworkers, and friends
Monitoring your cell phone records and social media so the abuser can locate you
Observing you without your knowledge through camera and video devices
Controlling your appearance
Depriving you of health care
Humiliating you

Our Boone family lawyers are ready to help you file a DVPO request at a local agency now. Filing DVPO does not require payment of any court costs.

Who can be the defendant in a DVPO action?

Any North Carolina resident can request a DVPO, regardless of citizenship or immigration status. The DVPO petition can be filed against:

A spouse or an ex-spouse
A person who lives or lived with you or in the same household
The biological parent of your child
Anyone of the opposite sex that you dated
A child, parent, grandparent, or grandchild
A current or former same-sex partner

Residents of Boone can file for a “No-contact order” (called a 50C order) against an abuser if they don’t qualify for a DVPO. The main difference is that police will arrest anyone who violates a DVPO. If someone violates a 50C order, the judge can hold them in contempt of court.

How do you help victims obtain a protective order in Boone?

Our Boone domestic violence order lawyers are ready to file an emergency (temporary) order now. North Carolina law provides that:

You can request an emergency order if you believe you or a minor child is in danger of serious and immediate injury.
If you properly request an ex parte hearing (a hearing without the presence of the other party) and the judge is convinced that there is a current danger, the judge can issue a temporary order to protect the victim/child and a temporary custody order. Other temporary orders in the best interest of children can also be issued.
There are specific time requirements for an emergency hearing (the limits are slightly different depending on whether or not an ex parte hearing was held). Generally, where there is no ex parte order, you should have an emergency hearing () within five days after the defendant has been served. With an ex parte order, the emergency hearing should be held within 7 days after service of process or 10 days after entry of the order,, whichever occurs later. (where there is an ex parte hearing).

At the DVPO hearing, our Boone family lawyers present evidence for our clients including testimony. medical records, and any other relevant evidence. Witnesses, including other family members, can also testify. If the judge is convinced of a current danger, the judge can order the protections described in the DVPO section above.

We can tell you what to do next if the petitioner or the defendant fails to attend the DVPO hearing or consents to the DVPO.

How can a DVPO be enforced, modified, or renewed in Boone?

Our Boone domestic violence lawyers represent petitioners and defendants after the entry of DVPO in the following cases:

Anyone who violates a North Carolina DVPO can be arrested and charged with a criminal offense. If you’re in danger before or after a DVPO is entered, call 911. You can also file a complaint with the local magistrate’s office. We can answer all your questions about how to protect yourself when DVPO violations occur. Generally, North Carolina can enforce a DVPO you obtained from another state if the DVPO is registered in North Carolina. A judge can also enforce violations of a DVPO temporary custody order.
Victims of domestic violence in Boone can ask the court to renew a DVPO. We can show there is “good cause” to enter a renewal. The renewal can be ordered for up to two years. You can ask for as many renewals as you need.
Modification/cancellation. A family judge in Watauga County will review reasonable requests for modification or cancellation of a DVPO.

Do you have a Boone domestic violence lawyer near me?

Epperson Law Group, PLLC meets domestic violence victims at our office located at 870 W. King Street, Unit A. We are committed to protecting residents of Boone and their children—we can discuss your fears by phone and through video conferences if that is easier or safer for you.

Talk with a respected Boone family lawyer about a protective order now

Don’t live in fear. You have the right to feel safe wherever you are from any kind of domestic violence. Your children have that same right. At Epperson Law Group, PLLC, we promptly file DVPO petitions.

We work to obtain and enforce orders when a spouse or relative is harming you. Our Boone domestic violence lawyers represent both victims and those charged with domestic violence. To schedule a consultation, call us or fill out our contact form.