Motion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
Raleigh North Carolina Motion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing
Category:
State:
North Carolina
City:
Raleigh
Control #:
NC-CV-313
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PDF
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How to fill out North Carolina Motion To Renew Or Set Aside Domestic Violence Protective Order Notice Of Hearing?
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FAQ
More specifically alleged victims/ accusers cannot drop the charges despite their desire to dismiss the charges against the accused. As long as there is evidence to establish a case in court, North Carolina prosecutors may still choose to move forward without the cooperation of a victim.
At the DVPO hearing, the Judge will consider whether making the order will protect the victim from violence or a threat of violence. The civil test of balance of probability is used when making a DVPO. The courts will assess the likelihood of a domestic violence incident reoccurring.
Those seeking to renew a DVPO must file a motion with the court for the extension before the current DVPO expires. Once a DVPO expires, it cannot be renewed.
In North Carolina, a ?permanent? DVPO can last for up to one year, but can be renewed for up to two years at a time.
If it expires, no action can be taken and the person must be released. The DVPN continues to apply until a decision is made on the DVPO application.
If there is no date given on the restraining order, then the restraining order will become spent 2 years from the date of conviction. If however the restraining order states that it is 'unlimited', 'indefinite' or is issued until 'until further order', then it will never become spent.
A first offense violation of a 50B order is a Class 1 misdemeanor that is punished by up to five months in jail. However, if this is a third or subsequent violation of a no-contact order, the person could be charged with a Class H felony and be sentenced to prison for up to 39 months.
More specifically alleged victims/ accusers cannot drop the charges despite their desire to dismiss the charges against the accused. As long as there is evidence to establish a case in court, North Carolina prosecutors may still choose to move forward without the cooperation of a victim.
A judge (or magistrate depending on the county) will review the paperwork you filed and why you believe you need a DVPO. The judge will then decide based on the facts you presented and the law whether s/he is able to grant you a DVPO.
A DVPO may be in force for between 14-28 days, beginning on the date it is made by the magistrates' court. Associated Person (AP) ? an associated person means a person who is associated with the alleged perpetrator within the meaning of section 62 of the Family Law Act 1996. responsibility for a child.
