When a relationship turns abusive or volatile, one spouse may seek court protection to ensure safety and stability. In North Carolina, these protections often come through Domestic Violence Protective Orders (DVPOs) or related restraining orders.
While protective orders can provide immediate safety and structure, they also have significant consequences in a divorce or separation case—affecting where you live, who stays in the marital home, and even custody and property division.
At Martine Law, we help clients navigate the intersection between domestic violence protection and family law. Whether you need protection from abuse or you’ve been served with a restraining order, our attorneys ensure your rights are protected while helping you move forward safely and legally.
You can learn more about protective orders under N.C. Gen. Stat. § 50B-1 through § 50B-7 and through the North Carolina Judicial Branch Domestic Violence Resources.
What Is a Domestic Violence Protective Order (DVPO)?
A Domestic Violence Protective Order (DVPO)—commonly called a “50B order”—is a civil order issued by the court to protect someone from physical harm, threats, or harassment by a current or former intimate partner, spouse, or family member.
A DVPO can order the defendant to:
- Stop all contact and communication with the victim
- Leave the shared residence
- Stay away from the victim’s home, work, or school
- Surrender firearms
- Provide temporary child custody or support
- Pay housing or living expenses
DVPOs can last up to one year and can be renewed if the court finds continued risk.
How DVPOs and HROs Differ
North Carolina also allows for Civil No-Contact Orders (50C Orders) and Harassment Restraining Orders (HROs) in cases without a domestic relationship—for example, stalking or harassment by a coworker or acquaintance.
However, for married or cohabiting couples, DVPOs (not HROs) are the orders that most directly impact divorce and family law cases.
How a DVPO Affects the Divorce Process
A DVPO does more than provide safety—it can directly influence several key parts of a divorce case, including residence, finances, custody, and court proceedings.
1. Exclusive Possession of the Marital Home
When a DVPO is issued, the court can grant the petitioner exclusive possession of the marital home, forcing the other spouse to move out—even if both names are on the lease or deed.
This often determines who remains in the home during the required one-year separation period before a North Carolina divorce. It can also shape financial responsibility for the mortgage or rent while the order is active.
For the accused spouse, being removed from the home under a DVPO doesn’t automatically forfeit property rights, but it can make it harder to access belongings or manage shared assets.
2. Temporary Child Custody and Visitation
A DVPO can include temporary custody orders if children are involved. The court may restrict or supervise visitation if it finds that contact could endanger the child or expose them to continued abuse.
While these custody provisions are temporary, they often influence later permanent custody decisions, since judges consider the child’s safety and stability as top priorities.
If you’ve been accused of domestic violence, it’s crucial to work with an attorney immediately to:
- Challenge false or exaggerated allegations
- Request supervised visitation if appropriate
- Show evidence of positive parenting or rehabilitation
Conversely, if you are a survivor of abuse, your lawyer can help you secure a protective order that safeguards both you and your children.
3. Financial Support and Property Division
A DVPO may require the respondent (accused spouse) to:
- Continue paying mortgage, rent, or household expenses
- Provide temporary spousal or child support
- Stay away from joint bank accounts or property
These orders are temporary, but they can impact equitable distribution later in divorce. For instance:
- If one spouse remains in the home under a DVPO, they may be responsible for maintaining it.
- Payments made under a protective order may be considered in later alimony or property decisions.
Because of these overlaps, every DVPO case should be reviewed in the broader context of the divorce strategy.
4. Impact on Communication and Negotiation
A DVPO generally prohibits any direct contact between spouses. This means you cannot text, call, email, or meet to discuss custody or financial matters while the order is active.
This often makes mediation or settlement discussions impossible without attorneys or third-party facilitators. Violating a DVPO—even accidentally—can result in criminal charges, including jail time.
At Martine Law, we coordinate all communication safely and legally, ensuring that you comply with court orders while still protecting your legal position during divorce proceedings.
5. Court Perception and Future Proceedings
Domestic violence findings can influence how judges view other parts of the divorce, especially:
- Child custody: Courts prioritize child safety and are reluctant to grant custody to a parent accused or convicted of domestic violence.
- Alimony: Abuse can affect spousal support decisions. North Carolina courts may award alimony if one spouse’s misconduct contributed to the breakdown of the marriage.
- Equitable distribution: While property division is usually separate from marital fault, extreme conduct may influence the judge’s perception of fairness.
Even if allegations are false, the existence of a DVPO can shape the tone of the entire divorce unless challenged effectively.
What Happens If You’re Falsely Accused
Unfortunately, false or exaggerated domestic violence claims sometimes occur during high-conflict divorces. A DVPO can be used strategically to:
- Gain leverage in custody disputes
- Force one spouse out of the home
- Create sympathy or control in negotiations
If you’ve been falsely accused, take the order seriously. Violating it can lead to arrest, even if you believe it’s unjustified.
Our attorneys can help you:
- Collect evidence to disprove the allegations (texts, witnesses, medical records)
- Prepare for the DVPO hearing and cross-examine the accuser
- File motions to modify or dismiss the order
- Present your side clearly in custody or divorce proceedings
False allegations can damage your reputation and future. We’ll help restore balance and ensure the truth comes forward.
How Martine Law Helps in Cases Involving DVPOs and Divorce
Protective orders can alter nearly every aspect of a divorce. At Martine Law, we understand both the family law and criminal defense sides of these cases, allowing us to manage them comprehensively.
We help clients:
- File or defend against DVPO petitions
- Request exclusive possession of the home or protection for children
- Navigate custody, support, and property issues affected by protective orders
- Ensure full compliance while building your broader divorce strategy
- Communicate safely through counsel without risking a violation
Whether you’re seeking safety or defending yourself against unfair claims, our priority is to protect your rights, your family, and your future.
If a protective order is affecting your North Carolina divorce—or you’ve been served with one—get legal advice before taking any action.
Contact Martine Law today to schedule a confidential consultation.