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What does a plaintiff need to show to receive a DPVO?

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What does a plaintiff need to show to receive a DPVO?

On Behalf of | Dec 19, 2022 | criminal defense

In North Carolina, a DPVO is a Domestic Violence Protective Order. The DPVO is a court order that requires one person to stay away from another. For example, if someone alleges domestic violence against you, you would have to stay away from that person and if you violate the order, you can face arrest.

DPVOs can become permanent, but they only last up to one year and must renew once every two years. To qualify for a DPVO, a person can claim various types of domestic violence. Additionally, the person must have specific relationships, including a spouse, ex-spouse, shared children, a dating relationship, child, parent, grandparent or grandchild.

Attempt to cause bodily injury

You do not have to cause physical injury to face a DPVO. If you cause physical harm, that is grounds for a protective order, but you can also make threats. If you threaten or attempt to cause injury but fail, the person may file a DPVO against you. If your words or threats make the other person fear serious bodily injury, then he or she can file a protective order.

Harassment toward another person

In addition to bodily harm, attempted harm or fear of harm, harassment also qualifies as domestic violence. Harassment includes at least two wrongful acts with no legitimate purpose. Your actions must cause substantial emotional distress to the plaintiff. For instance, if the plaintiff claims that he or she has significant fear and anxiety, he or she may seek a protective order.

A judge listens to proof from the plaintiff and decides whether or not to grant the order.