Concord Domestic Violence Lawyers, North Carolina

Helping victims of domestic violence obtain protective orders in Cabarrus County

Spouses, ex-spouses, dating partners, parents, and family members have a right to be safe from harm or abuse from people who have been or who are currently part of their lives. This right to safety applies to physical abuse, threats of abuse, harassment, and sexual assault. At Epperson Law Office, PLLC, our family lawyers are ready to file domestic violence protective order (DVPO) requests. A DVPO order requires that a person with whom you’ve had a domestic relationship stay away from you for up to one year if domestic violence has occurred. The order can also determine who has temporary custody. Call our Concord domestic violence lawyers immediately if you fear for your safety.

How can we help?

What is domestic violence?
What is a Domestic Violence Protective Order (DVPO)?
- Examples of domestic violence which may qualify for a protective order
Who can request a domestic violence protective order in North Carolina?
How do I get a protective order in Concord?
How are DVPOs enforced, renewed, and modified in Concord?
Do you have a Concord domestic violence lawyer near me?

What is 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.” Domestic violence includes:

Physical violence
Sexual abuse
Threats
Humiliation
Constant criticism or name-calling
Isolating the victim from others
Limiting the victim’s access to money, transportation, or employment

North Carolina law, 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.

Women and men can both be victims of domestic violence and perpetrators of domestic violence

Anyone who is in immediate danger should 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) – also known as a 50B order -- is a court order that “restrain[s] the defendant from further acts of domestic violence.” Under the law, that relief may take many forms, from removing an abuser from a household to keeping him or her from purchasing a firearm, to ensuring that you retain custody of the children. Per the NC Judicial Branch, a “permanent” 50B order “can last for up to one year, but can be renewed for up to two years at a time.”

A DVPO is a civil order, not a criminal order. Defendants can be charged with criminal offenses too. Those charges are filed by the local prosecutor’s office. While a DVPO is a civil order, a violation of a DVPO can lead to criminal charges.

Examples of domestic violence which may qualify for a protective order

Any physical or sexual abuse or assault – especially against a child – should automatically be grounds for a protective order. So, too, are threats of violence: against you, family members, loved ones, or even the family pet. As we’ve written, domestic violence may also include coercive control. Coercive control includes such acts as:

Isolating your spouse from family, friends, and coworkers
Monitoring a spouse’s social media accounts and cell phone records to know where the spouse is
Installing video equipment to observe your spouse without their knowledge
Controlling what your spouse wears and their physical appearance
Depriving a spouse of necessary health care
Humiliating your spouse

Our Concord family lawyers will help you file a DVPO request if you haven’t already done so at a local agency. There are no court costs to file a DVPO.

Who can request a domestic violence protective order in North Carolina?

Anyone who lives in North Carolina, regardless of citizenship or immigration status, can request a DVPO. The plaintiff can file a DVPO request against any one of the following:

A spouse or an ex-spouse
Someone who currently or previously lived with you or in the same household
A person with whom you have a child
Anyone of a different sex with whom you have a dating relationship
A parent, child, grandparent, or grandchild
A current or former same sex partner

If you don’t qualify for a DVPO, you can file for a “No-contact order (called a 50C order) against any perpetrator.” The key difference is that if a defendant violates a No-contact order, the police will not arrest them. You’ll need to ask the judge to hold the defendant in contempt of court.

How do I get a protective order in Concord?

If you need immediate relief, we can request an emergency (temporary) order. Under the law:

A party may move the court for emergency relief if he or she believes there is a danger of serious and immediate injury to himself or herself or a minor child. A hearing on a motion for emergency relief, where no ex parte order is entered, shall be held after five days' notice of the hearing to the other party or after five days from the date of service of process on the other party, whichever occurs first…. If the party is proceeding pro se and does not request an ex parte hearing, the clerk shall set a date for hearing and issue a notice of hearing within the time periods provided in this subsection…. (emphasis ours)

The judge assigned to your request will conduct a short conversation with the plaintiff. If the judge agrees that the plaintiff (or someone in their charge, such as a child) has suffered domestic violence or is at risk of suffering harm, the judge will grant an “ex parte order” that lasts until the next hearing. Generally speaking, temporary orders are issued within 72 hours and last up to 10 days -- long enough for a hearing to be scheduled.

After the defendant is served, the judge will hold a hearing (unless the defendant consents to the order) to determine if the DVPO should be granted. Both sides can present testimony, documents, and other relevant evidence. Witnesses can also testify. If the defendant is charged with criminal offenses, those offenses will be addressed through the criminal process.

Our Concord domestic violence lawyers represent clients at these formal hearings. We’ll explain what happens if either the plaintiff or defendant misses the hearing or if the defendant consents to the DVPO.

How are DVPOs enforced, renewed, and modified in Concord?

Our Concord domestic violence lawyers represent plaintiffs and defendants in the following related DVPO issues:

If you’re in immediate danger, call 911. Defendants who violate a DVPO can be arrested and charged with a criminal offense. You can also visit the local magistrate’s office. A family law judge can also hold the defendant in civil contempt after a “show cause” hearing. Both a plaintiff and defendant can be subject to enforcement actions for violation of a temporary custody order. Generally, North Carolina can enforce out-of-state DVPOs if the DVPO is registered in North Carolina.
Plaintiffs can file a motion to renew a DVPO. The judge will determine if there is “good cause” for renewing the DVPO. “The judge can renew a DVPO for up to two years. There is no limit to the possible number of renewals, but a judge must find good cause each time.”
Modification/cancellation. A Cabarrus County judge can also review requests for modification or cancellation – provided proper legal grounds are presented.

Do you have a Concord domestic violence lawyer near me?

Epperson Law Group, PLLC maintains an office located at 99 Church St NE. We can discuss your concerns by phone and through video conferences if that is easier or safer for you. We’ll assert (and defend) your rights. We’ll help protect you and your children.

Speak with an experienced Concord family lawyer about a protective order today

You have the right to be safe in your home, work, school, and wherever you spend your day from any type of domestic violence. That same right applies to your children. At Epperson Law Group, PLLC, we move quickly to file requests for DVPO hearings. We seek to enforce orders when a spouse or relative is harming you. Our Concord domestic violence lawyers represent both plaintiffs and defendants in DVPO hearings. To schedule a consultation, call us or fill out our contact form.