Court Advocacy

Can I get a DVPO against a same-sex partner?

Yes. You can file for a DVPO if you are currently living with or have previously lived with your partner, or if you are legally married—regardless of gender.

How much does it cost to file a DVPO?

There is no cost to file a Domestic Violence Protective Order. Filing is completely free.

Do I need an attorney?

You are not required to have an attorney to file for a DVPO or to request an ex parte (emergency) order. However, legal representation may be helpful—especially if you believe the abuser will have an attorney. Free legal support may be available through Legal Aid of North Carolina. Contact Onslow Victims Center or Legal Aid to explore your options.

What if I miss work to attend court for a DVPO?

North Carolina law protects employees who miss work to file for or attend court hearings related to a DVPO. Your employer cannot legally fire, demote, discipline, or deny you a promotion for taking reasonable time off to seek protection.

What if I don’t qualify for a DVPO or it’s not granted?

If your request for a DVPO is denied—or if you don’t meet the criteria for a “personal relationship” under North Carolina law—you may still be eligible to file a Civil No-Contact Order (50C). This is designed to protect individuals from stalking, harassment, or unwanted contact when there is no domestic relationship.

For help determining your eligibility and exploring your legal options, please contact Onslow Victims Center at 910-347-4000.

A Step-by-Step Guide

If you are experiencing domestic violence and need protection, a DVPO (50B) can provide legal safeguards. Here’s how to begin the process:

Step 1: Complete the Required Forms

Go to your local courthouse, magistrate’s office, or contact an Onslow Victims Center Court Advocate for assistance completing the DVPO paperwork.

If you are in immediate danger, you can request an ex parte order, which offers temporary protection until your full court hearing.

When filling out the complaint:

• You are the plaintiff and the abuser is the defendant.

• Describe the most recent and severe incidents of abuse using specific language (e.g., hitting, slapping, threats).

• Include dates, details, and whether firearms are involved.

• If you have children, you can also request temporary custody.

• Do not sign any forms until you are in front of a notary or court clerk.

Step 2: Serve the Defendant

After filing, the Clerk of Court will typically send the completed forms to the Sheriff’s Department to serve the defendant. If not, you may be asked to deliver them yourself. The DVPO cannot move forward until the defendant has been officially served.

Step 3: Prepare for Your Court Hearing

To receive a long-term protective order, you must attend a court hearing and show that domestic violence occurred. Prepare by gathering:

• Evidence: Photos, videos, printed texts, emails, and witness statements

• Documents: Any relevant police reports, medical records, or written logs

Important:

• Phones are not allowed in the courtroom—print all evidence in advance

• Children are not allowed in court—arrange childcare ahead of time

Step 4: Attend the Hearing

Your hearing is your opportunity to speak directly to a judge. You must attend—if you miss it, your case will be dismissed.

If the defendant doesn’t attend, the case may still be granted or continued. You do not need an attorney, but having one may help—especially if the abuser has legal representation.

You may qualify for free or low-cost legal help through Legal Aid of North Carolina.

For assistance throughout this process, contact Onslow Victims Center at 910-347-4000. Our advocates can help you complete forms, prepare for court, and provide in-person support.

What to Expect and How to Prepare

Going to court—especially when facing your abuser—can be a difficult and emotional experience. At Onslow Victims Center, we are here to support you every step of the way. Here are some important tips to help you feel more prepared and empowered during your court hearing:

Before You Go to Court

• Be on time. If your case is called and you’re not present, it may be dismissed. If you're running late, notify someone as soon as possible (your lawyer, the court clerk, or your advocate).

• Ensure any witnesses are also on time. Their presence may be critical to your case.

• Dress professionally. Avoid jeans, t-shirts, or flip-flops. If you need help with appropriate clothing, contact your OVC Court Advocate—support may be available.

• Arrange childcare. Children are not allowed in the courtroom. If you need assistance, speak with an advocate ahead of time.

• Bring printed copies of any evidence. Phones are not allowed in court.

In the Courtroom

• Sit quietly in the audience until your case is called. An OVC advocate will be present to sit with and support you.

• Avoid the defendant. If you're uncomfortable or the defendant tries to intimidate you, alert the bailiff or court staff immediately.

• Do not chew gum, talk, or cause distractions. Keep your focus on the hearing.

• Listen carefully so you can respond when it’s your turn.

• Speak clearly and respectfully. Address the judge and others as “Sir” or “Ma’am.” Speak loudly enough to be heard.

While Testifying

• Stay calm. Abusers may try to provoke a reaction. Remaining calm helps support your credibility and shows the judge that you are in control.

• Be honest. Speak truthfully and simply—do not exaggerate or embellish.

• If you don’t know the answer, it’s okay to say so. You can say “I don’t recall” rather than guessing.

• Pause if there is an objection. If a lawyer objects to a question, wait for the judge to rule. If the judge says “sustained,” do not answer. If the judge says “overruled,” you may continue.

• Take deep breaths. It’s completely normal to feel nervous, scared, or overwhelmed. You are doing something incredibly brave.

You're Not Alone

Testifying in court and being near your abuser can be traumatic. It’s okay to feel emotional. The Court Advocate from Onslow Victims Center will be there to support you throughout the entire process—before, during, and after your hearing.

If you have any questions or concerns before your court date, please reach out to us at 910-347-4000.

Emergency Protection Before Your Court Date

If you believe you or your child are in immediate danger, you can request an Ex Parte Temporary Protective Order when filing for a Domestic Violence Protective Order (DVPO).

An Ex Parte Order is a short-term emergency order issued by a judge without the abuser present. It provides immediate protection until a full court hearing can be held. The abuser will be notified after the order is granted and before the court date.

How Long Does an Ex Parte Order Last?

Ex Parte Orders typically remain in effect for up to 10 days, until your scheduled DVPO hearing. It is essential that you attend your court hearing—if you don’t appear, your case will be dismissed, and the protection will expire.

If you need help filing for an Ex Parte Order or preparing for your court hearing, contact Onslow Victims Center at 910-347-4000. Our advocates are here to support you every step of the way.

Protecting Yourself and Enforcing the Order

Leaving the courthouse with your Domestic Violence Protective Order (DVPO) is an important step toward safety—but there are still things you can do to help ensure your protection is enforced.

What to Do Immediately After Court

• Review your DVPO carefully before leaving the courthouse. If you have questions, speak with the court clerk, your attorney (if applicable), or an advocate from Onslow Victims Center.

• Make multiple copies of your DVPO. Keep one with you at all times.

• Share copies with trusted people and key locations, including:

  • Your workplace

  • Your home

  • Your car

  • Your child’s school or daycare

  • Trusted friends or family members

  • Anyone specifically named in the order (e.g., parents, grandparents, children)

• Consider safety upgrades such as changing your locks, phone number, or adjusting your daily routines. You can create a personalized safety plan with an OVC advocate or use a safety planning tool independently.

How to Ensure the DVPO Is Enforced

A violation of a DVPO is a crime in North Carolina.

• If the defendant violates the order, call 911 immediately and inform law enforcement that you have a protective order in place.

• Be prepared to show officers a copy of your DVPO.

• If the violation is confirmed, the abuser may be arrested and face up to 150 days in jail, depending on their prior record.

If law enforcement does not arrest the defendant right away, you can also go to the Magistrate’s Office to request a criminal warrant for the violation.

For questions, safety planning, or further support, contact Onslow Victims Center at 910-347-4000.