Legal Question in Family Law in North Carolina

What does somebody need to do to persuade a judge to grant a domestic violence protection order in North Carolina? What standards does a judge usually look for? What types of evidence tends to be persuasive? What evidence is not persuasive? Are there any limits on evidence that can be used?


Asked on 11/14/21, 6:42 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

What does somebody need to do to persuade a judge to grant a domestic violence protection order in North Carolina?

Unfortunately - not a lot! The bar for that is pretty much on the ground - most women can merely kinda sorta allege they are somewhat concerned that there might possibly someday be some domestic violence without any having actually happened and get a DVPO. Also lot of women simply abuse the system and lie about domestic violence to inappropriately use the court to harrass their domestic partner out of petty vindictiveness.

What standards does a judge usually look for?

Typically, evidence of actual domestic violence but most Judges err on the side of caution.

What types of evidence tends to be persuasive?

Like I said typically you don't need much more than your own word but the best evidence is pictures of where you have been beaten, doctor bills from treatment from having been beaten and of course nothing tops video of you getting beaten except the person who beat you coming to court and admitting they beat you and are gonna do it again..

What evidence is not persuasive?

Pretty much admissions that you were in fact not beaten and are making the whole thing up.

Are there any limits on evidence that can be used?

You can submit what you want but it is best to keep things brief and to the point.

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Answered on 11/14/21, 7:19 pm


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