Facing accusations of domestic violence is a harrowing experience, particularly if you are innocent. The weight of such allegations can be overwhelming, as they carry not only legal consequences but also profound personal and social repercussions. While domestic violence accusations can lead to criminal charges, many people first face these accusations in the context of a Domestic Violence Protection Order, or DVPO. In North Carolina, a victim can bring a motion for a DVPO, and a hearing will be held in District Court. Often the alleged victim and alleged perpetrator will appear for a relatively short hearing — sometimes just an hour — and unlike in most cases, one or both parties may not have an attorney. These hearings can be extremely frustrating and result in a DVPO which bars one person from making contact with the other. Or, sometimes the court will actually enter dual DVPOs, one for each person.
The stigma attached to these allegations can tarnish reputations, strain relationships, and cause significant emotional and psychological distress. It’s no wonder that if a DVPO has been taken out against you unfairly, you may feel indignant and want to clear your name. A DVPO can feel like a criminal conviction, although it is actually a civil matter.
This firm is contacted regularly about whether it is possible to appeal a DVPO. The answer is yes, and this firm has certainly done so in the past, but there are a number of considerations that go into that decision. First, most DVPOs only last a year, which is how long an appeal will take. So, as a practical matter, if you do not foresee crossing paths with your accuser anyway, it may be the wisest decision to simply accept the DVPO and try to move on with your life. In some circumstances, though, it may make sense to appeal the DVPO despite its one-year limit. If you foresee the victim continuing to overlap with your life and you have concerns that they may accuse you of violating the DVPO while it is in effect — a charge which could have criminal repercussions — then it might be worth fighting it. This firm has also seen custody battle situations where one party decides to appeal a DVPO in order to clear their name for purposes of an upcoming custody case.
Is appealing a DVPO right in your situation? Give this firm a call to find out.