Charlotte North Carolina Motion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing

State:
North Carolina
City:
Charlotte
Control #:
NC-CV-313
Format:
PDF
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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.


The Motion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing in Charlotte, North Carolina is a legal document used in domestic violence cases to request the renewal or overturning of a previously issued domestic violence protective order. This motion is filed by either the petitioner or the respondent and seeks a hearing before a judge to present evidence and arguments supporting their case. The motion is typically filed when the initial domestic violence protective order is set to expire or when there has been a significant change in circumstances that warrants a review of the order. It is essential to include relevant keywords in the motion, such as "Motion to Renew," "Motion to Set Aside," and "Domestic Violence Protective Order," to clearly indicate the purpose and nature of the filing. Different types of Motion to Renew or Set Aside Domestic Violence Protective Order Hearings in Charlotte, North Carolina may include: 1. Motion to Renew: This type of hearing seeks to extend the duration of the existing domestic violence protective order. The petitioner or the person seeking protection argues that there is an ongoing threat or danger, requiring an extension of the order for the safety of the petitioner and any other affected parties. 2. Motion to Set Aside: In this type of hearing, the respondent, who is subject to the existing domestic violence protective order, requests the court to remove or dismiss the order. The respondent must provide compelling evidence and arguments supporting the termination of the order, claiming a change in circumstances or an unjust imposition of the original order. 3. Notice of Hearing: This is the formal communication that must be provided to both parties involved in the domestic violence protective order case. It informs them of the upcoming hearing, providing the date, time, and location of the hearing, as well as details regarding the specific motion being presented. Overall, the Motion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing allows parties involved in domestic violence cases in Charlotte, North Carolina, to formally request a review and potential modification of an existing domestic violence protective order. This ensures that the court considers any changes in circumstances or new evidence that may affect the validity or necessity of the protection order, ultimately prioritizing the safety and wellbeing of those involved.

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FAQ

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.

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.

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.

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.

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.

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.

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This document is a collection of links to fillable forms that are available on NC Administrative Office of the Courts or AOC. Court of Appeals of North Carolina.Mary PONDER, Plaintiff, v. Order as a condition of release; Mississippi, North Carolina, Tennessee, and. Virginia require defendants in domestic violence, stalking, and sexual assault. 7. Domestic Violence Protection Order Files. 8. Criminal History Files. Motion to dismiss on all but the Equal Protection claim. And children to live in shelters. Motion to dismiss on all but the Equal Protection claim.

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Charlotte North Carolina Motion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing