50 B Protective Order in NC

I remember someone sharing their experiences with me, once upon a time, about protective orders.  

The scenario is the wife took out a 50 B (Domestic Violence Protective Order) against the husband, all while divorce proceedings and custody proceeding are going forth.  Well, apparently, the Wife stated he sent over 13 violent text/ letters/voice messages to her.  The DVPO, exparte, was granted. 

Things to keep in mind, if you did not send the letters/voice/text messages to her, then, once you get to court, request that she provide copies of such.  Also, make sure that you had secured your telephone.  Meaning that she had not the opportunity to text herself those messages off your own phone. 

In general, it is well established that people will use protective orders as tools to get back at the other person in a divorce custody proceedings.  Here, the person was trying to gain full custody so that she can take the kids back to another country.  Passports, if they were not taken out or issued before a custody complaint, and joint legal and physical custody was granted by the court, then they cannot be issued without the signature of the other party after court orders were issued.  It is hard as heck to get a passport after you have a court order granting joint custody.  You must get that other signature. So, make sure you have joint legal custody at minimum.  

In general, only seek a protective order if you are fearful, the other person is psychotic, of being injured in some sort of way.  The other way most times to address things, violations of a court order, is through Motion to Show Cause, and, Contempt Proceedings. 

If a no contact order was issued against you, do not worry, make sure you attend court, and, get legal counsel; only for the purposes of DVPO, in Raleigh NC, Try Steve Monks [I do not recommend him for any other purposes other than initial DVPO].   Do not be baited into contacting the other party directly, for example, if she/the other person, contacts you, then they are violating the order not you.  DO NOT RESPOND if the order prohibits such. There is a low cost legal clinic in Raleigh if you cannot get a lawyer.  You must and should respond to all things and attend all court sessions.  Failure to do so can have some severe and adverse outcomes.  

DVPO’s can be granted Exparte in NC, meaning that the other person did not show for the initial complaint and hearing, but, they all require hearings for long-term enforcement (usually within 10 to 30 days).  In other words, some nut, your ex, can come and say anything, like you threatened to shoot or kill them with your rifle and grenade, knowing full well you do not have those things.  But, they have to prove such in court at some point and time, and, you need to show up to defend yourself.  50 C proceedings are protective orders against people not related to you.

Really, if you can, with DVPO’s, get a lawyer. 

One lady in a group, once upon a time, said at one time her ex claimed she ran over him, several time, over his head.  Hum, no brain injury.  The prosecutors and detectives showed up at her doorsteps, and, you know what, it all got dismissed.  Crap happens.  Maybe in reality the person really did have a brain injury/mental illness.  That happens when they live in that alternate reality.  

Just a General Word about Judges

Judges here in NC are overworked and can not get to cases at times.  And, Usually, one matter/proceeding depends upon another.  That is just the way things are.  One person complained that the judge still had not issued an order.  Well, that happens all the time unfortunately, and, many times one action is dependent upon the other.