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Domestic Violence

Domestic Violence Domestic Violence Lawyers Asheville NC domestic Hooks Law, P.C.

Domestic Violence Protective Orders, aka 50B Actions

A domestic violence protective order is defined as a civil order that provides protection to one party from someone who they have or had a personal relationship with. The purpose of attaining a domestic violence protective order is if someone you have or had a personal relationship with attempts to cause you or your minor child bodily injury or intentionally causes bodily injury, places you or a family member or another person in your household in fear of imminent serious bodily injury, continued harassment that rises to levels to inflict substantial emotional distress, or commits any rape or sexual offense. This can also be applied to another party that you have or had not had an existing personal relationship with.

There are two types of domestic violence protective orders. Ex parte temporary protective orders are filed to provide you and your family with immediate protection from the  abuser. It may be issued by a judge the same day you file a complaint for a domestic violence protective order if he or she believes that there is serious and immediate danger directed towards you or your child. This domestic violence protective order will protect you and/or your children until a full court hearing takes place, which is typically within 10 days from the time that the ex parte order is granted and the defendant is served.  The other form of a protective order is a final domestic violence protective order, also known as a 50B order or restraining order. These orders can last up to one year, however, you can request an extension once the year has passed.  Prior to the order being issued, there will be a full-court hearing to get a final domestic violence protective order where the abuser will have a chance to defend him or herself.

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