hot topics in the news...

Domestic Violence has been in the news a lot recently.

Most municpal police departments in North Carolina do not handle very many civil processes.  Domestic Violence Protective Orders is one exception to this.

A domestic violence protective order (DVPO) is also called a restraining order.  In police jargon, it's called a 50-B.   A DVPO is a paper signed by a judge and it orders an abuser to stop the abuse or face serious legal consequences.  A DVPO offers civil legal protection from domestic violence to both women and men victims.

A person can seek legal protection from acts of domestic violence done to you or your minor child by someone you have had a "personal relationship" with. This means you can seek protection from:

• Your spouse, or ex-spouse,
• A person of the opposite sex [or same sex] with whom you live or used to live,
• Someone you are related to, including parents, children, grandparents and grandchildren, over the age of 16,
• Someone with whom you have a child in common,
• A current or former household member, or
• Someone of the opposite sex [or same sex] whom you are dating or have dated.

The Greenville Police Department provides assistance to victims who need to obtain a DVPO by walking them through the application process, and accompanying them to see a judge or magistrate to have a DVPO signed.    Once a DVPO is signed and issued,  the Sheriff's office is responsible by law for serving the DVPO against the abuser.    The DVPO is enforced by police officers and sheriff's deputies.

A DVPO is initially valid until an "ex parte" hearing is held.  That is a hearing between the victim and a judge, where the victim tells the judge about their situation.  The abuser is not allowed to be there.  The judge will decide whether or not to extend the DVPO until another hearing is held.  

In that 2nd hearing, the abuser will have an opportunity to speak and be heard.  In this hearing,  the judge will ask the questions of all parties involved.  A person does not need an attorney and would not be cross-examined.  It is a civil hearing, not a trial.  GPD victim's advocates and detectives often attend the DVPO hearings with the victims and assist them through these processes.

After hearing from all parties, the judge will then make a ruling and may issue the DVPO, valid for up to 1 year.  

If an abuser violates the DVPO,  he [or she] can be arrested and charged with a crime. 

The victim in a DVPO situation needs to keep a copy of the court order with them in a safe place all the while that the DVPO is in effect.