Motion for Return of Weapons Surrendered Under Domestic Violence Protective Order and 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.
Greensboro North Carolina Motion for Return of Weapons Surrendered Under Domestic Violence Protective Order and Notice of Hearing
Category:
State:
North Carolina
City:
Greensboro
Control #:
NC-CV-319
Format:
PDF
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FAQ
Obtaining a 50B Protective Order The statute provides that you and the accused party must be current or former spouses, live together, have children together, have been members of the same family, had romantic involvement, or be related as parents and children or grandparents and grandchildren.
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.
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 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.
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
Once a DVPO is made there is no provision to vary or revoke it. The Order must run until the period granted. Equally there is not power to extend of vary the Order by the Police after it is made.
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.
Obtaining a 50B Protective Order The statute provides that you and the accused party must be current or former spouses, live together, have children together, have been members of the same family, had romantic involvement, or be related as parents and children or grandparents and grandchildren.
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.
In North Carolina, a domestic violence protective order, or a 50B order, is awarded by a judge to protect a victim from domestic violence. The offender is forced to stay away from their victim or be arrested on the spot. 50B orders can last for up to one year but can be renewed two years at a time after that.