Domestic Violence Protective Orders (DVPO) in NC
A Domestic Violence Protective Order (DVPO), also known as a restraining order, is a court order that can protect you and your children from an abusive partner or family member. In North Carolina, a DVPO can prohibit the abuser from contacting you, require them to leave the shared home, award you temporary custody of your children, and order the abuser to stay away from your home, workplace, and children's school. An emergency DVPO can be obtained the same day you file, without the abuser being present.
Who Can Get a DVPO?
You may be eligible for a DVPO if you have experienced acts of domestic violence — including physical assault, threats, harassment, stalking, or sexual assault — committed by a current or former spouse, a person you have lived with, a person you have a child with, or a current or former romantic partner. The relationship requirement is important — not all abusive situations qualify for a DVPO, though other protective orders may be available.
The DVPO Process
To obtain a DVPO, you file a complaint at the courthouse in the county where you live or where the abuse occurred. A judge will review your complaint and, if there is sufficient evidence, issue an emergency ex parte order the same day. A hearing is then scheduled within 10 days, at which both parties can present their case. If the judge finds that domestic violence occurred, a final DVPO can be issued for up to one year and renewed annually.
Safety Planning
A legal order alone may not be enough to keep you safe. We work with our clients to develop a comprehensive safety plan that includes identifying safe places to go, securing important documents, and connecting with local domestic violence resources and shelters. Your safety and the safety of your children is our first priority.
Domestic Violence and the Latino Community
Domestic violence affects families of all backgrounds, but Latino survivors often face additional barriers to seeking help — including fear of deportation, language barriers, cultural expectations around family privacy, economic dependence, and distrust of law enforcement. It is important to know that your immigration status does not affect your right to obtain a protective order in North Carolina. In fact, survivors of domestic violence may be eligible for immigration relief through the Violence Against Women Act (VAWA), which allows victims to self-petition for legal status independent of their abuser. Our team can help you understand your legal options and connect you with resources in the Spanish-speaking community.
Frequently Asked Questions
Can I get a protective order if I don't have legal immigration status?
Yes. Your immigration status does not affect your right to obtain a domestic violence protective order in North Carolina. Courts are required to issue protective orders based on the evidence of domestic violence, not the immigration status of the parties.
Will calling the police or getting a protective order affect my immigration case?
Seeking protection from domestic violence generally does not negatively affect your immigration case. In fact, survivors of domestic violence may be eligible for immigration relief through VAWA or the U-Visa. We recommend consulting with our team to understand the immigration implications of your specific situation.
What if my abuser threatens to report me to immigration authorities?
Using the threat of deportation to control a victim is itself a form of domestic violence. Federal law prohibits using immigration status as a weapon against domestic violence victims. If you are being threatened in this way, please contact our office — we can help you understand your rights and options.
Can a DVPO affect child custody?
Yes. A DVPO can include temporary custody provisions that award you custody of your children and prohibit the abuser from having contact with them. Evidence of domestic violence is also a significant factor in permanent custody determinations.
What if I need to leave the shared home?
A DVPO can order the abuser to leave the shared home, even if they are on the lease or mortgage. If you need to leave for safety reasons, we can help you understand your options for temporary housing and connect you with local domestic violence resources.