Your Domestic Violence Protective Order is effective for no more than one (1) year from the date it is issued. If, toward the end of that year, you feel that you still need protection from the Defendant against whom the Order was entered, you can ask the Court to renew the Order. The court may extend the Protective Order for an additional two-year period and it may continue to be renewed even after that period of time if you are able to convince the court that there remains a need for the Order. Please note that if you are granted temporary custody in your original DVPO, the custody provisions of the original order cannot be renewed.
- You should ask the Court for Renewal before the Order expires.
- Be sure to check your Domestic Violence Protective Order for its expiration date.
- Contact the domestic violence agency that helped you obtain your current Order at least one month before the Order expires. The agency(law enforcement, advocate, domestic violence program, e.g.) will help you through the process of petitioning for Renewal.
2. You must give the Defendant adequate notice that you are seeking a Renewal.
- It is a good idea to start the process at least one month before the Order expires in order to give the Court and Defendant adequate notice that you are seeking to Renew the Order. Your domestic violence advocate will explain how to give notice to the court and Defendant.
- The Defendant is entitled to know the details of why you are seeking a Renewal. This may involve disclosing information about the county in which you live. Be sure to discuss safety issues with your domestic violence advocate during this process.
3. You should write down any acts of domestic violence that occur throughout the year that your current Order is in place.
- North Carolina law states that new, additional acts of domestic violence are not required for an Order to be renewed. However, many judges prefer to hear evidence of additional acts of domestic violence during the period in which your current Order is in effect. Otherwise, they may assume that there is no longer a need for the Order.
- You should be prepared to give the judge detailed evidence of any new acts of violence the Defendant commits against you while the order is in effect. be prepared to tell the Judge when, where, and exactly what happened, in detail.