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What if my partner requests a protective order against me?

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What if my partner requests a protective order against me?

| Feb 10, 2021 | criminal defense

If you are facing or concerned about a protective order against you in North Carolina, you will want to know whether you can push back, how an order may affect you and what a protective order means.

In North Carolina, the most common protective order is the Domestic Violence Protective Order, but residents can also seek a 50C against parties who may not qualify for a DVPO.

When can someone get a DVPO against me?

North Carolina residents can seek a DVPO against anyone with whom they have shared a household, had a romantic relationship or shared a child. A court may grant an immediate temporary DVPO order upon request, but in order to obtain a more permanent order, the court will schedule a hearing for both parties to present their case.

In this hearing, the other party will need to produce evidence that you committed at least one act of domestic violence according to state law. This may include threatening behavior, harassment, physical injury or sexual assault.

For relationships outside of the DVPO spectrum, residents may seek a 50C order. Both a DVPO and 50C require that you may not contact or approach the requesting party for the term of the order.

How could a protective order affect me?

A DVPO or 50C is not a criminal conviction and will not show up on a criminal-background check. However, court filings for a protective order are a matter of public record and could show up on a more intensive background search. Having someone seek a DVPO or 50C against you does not mean you are guilty of a crime, and you will have the chance to defend yourself in court.

Know, however, that violations of a protective order could result in a criminal conviction, fines, jail time or other consequences, so it is imperative that you comply with any protective order against you, whether just or not.