I am a victim of domestic violence. What do I do?

If you are a victim of domestic violence, CONTACT THE POLICE IMMEDIATELY! In both Wake and Durham counties, you may file a domestic violence complaint against a perpetrator without hiring an attorney. Once you have contacted the police and filed a police report of the incident, you should also go to your local court house and ask the Civil District Court Clerk how to file a Domestic Violence complaint so that you may get a Domestic Violence Protective Order (DVPO). The DVPO can have the perpetrator immediately evicted from the home, and all firearms owned by the person confiscated, based on an ex parte order of protection. Ex Parte means “on your own.” That is the initial DVPO that may be obtained without the perpetrator being present, and is based solely on your testimony that day. Once he or she has been served with the complaint by the sheriff, you and the perpetrator will return to court within ten (10) days of the ex parte hearing for a full hearing. At that time, the court will determine if there is enough evidence for a twelve (12) month protective order. You may also be able to receive an Order for temporary spousal support, temporary child custody and temporary child support during that hearing.

Domestic violence is a civil action in North Carolina, and the DVPO is a civil adjudication, not criminal. You may also pursue criminal charges for assault against the perpetrator at the same time.