If accused of domestic violence in North Carolina, you may already know about a legal process called a Domestic Violence Protective
What you might not expect is how 50B orders can be extended beyond their usual timeframe. If you thought an order would end in a year, it can be unsettling to learn someone wants it renewed for an extended period of time. . .sometimes for an additional year or more.
This post focuses on DVPO extension proceedings from the perspective as a person accused of domestic violence. You can face direct legal and personal implications if the protected party requests more time on the order. You’ll see how extension hearings work, the possible overlap with criminal charges (like Assault on a Female, Communicating Threats, or domestic violence misdemeanors), and the reasons we think it’s a good idea to speak with a lawyer if you’re dealing with these issues. Every case is different, and that’s one reason why you may want to talk with Outer Banks defense attorney Danny Glover if you have questions.
DVPO Basics: What a “50B Order” Means
Standard Duration of Domestic Violence Restraining Orders
A DVPO in North Carolina often lasts up to one year. Some 50B orders may be shorter, depending on the judge’s decision. The purpose is to prohibit you, as the named defendant, from specific actions. Those might include:
- Contacting the protected person by phone, text, email, or social media.
- Showing up at their home, workplace, or school.
- Harassing them or placing them in fear of imminent serious bodily injury.
Violating a DVPO is a separate criminal offense. If you’re accused of violating its terms, you could be arrested. As part of a 50B Order, the judge may order you to surrender firearms. This can be unsettling if you need them for work or personal reasons.
How an Order Gets Entered
A DVPO can be issued in a couple of ways:
- Ex Parte Order: A judge might grant an emergency (ex parte) order based solely on the petitioner’s statements, often without your presence. This is usually valid for a short period until a full hearing can occur.
- Full Hearing: After notice to you, the court holds a hearing where both sides can present evidence. The judge then decides whether to grant or deny a DVPO.
- Consent Order: Sometimes you may choose to avoid litigation by agreeing to a protective order without admitting wrongdoing. This is called a consent DVPO or a 50B without Findings of Fact. You can contest or negotiate terms, but the result is still an enforceable order.
Under typical circumstances, an order expires on its own at the end of its term—unless the other party requests an extension.
FREE DOWNLOAD: Sample Complaint & Motion for DVPO
How Extensions of DVPOs Come Into Play
“Good Cause” for Renewals
North Carolina law under Chapter 50B allows a court to renew or extend a protective order if there is “good cause.” What qualifies can be open-ended, but courts often look at whether the concerns or threats remain. The person seeking renewal might argue that nothing has changed or that the alleged fear is ongoing. They could say new incidents occurred or that you continue to pose a threat.
For you, this can be frustrating or unexpected. You may have followed the order, had no contact, and assumed life would return to normal after a year. But the law states that the DVPO can be extended if the petitioner presents legitimate reasons.
Timing and Procedure
The motion for extension generally must be filed before the original DVPO expires. A hearing is then scheduled, and you will likely receive notice. At that point, you can appear in court to explain why you believe the order should not continue. The judge can consider testimony from both parties:
- Petitioner’s Evidence: They may claim they still feel threatened or that you tried to contact them through indirect means.
- Your Evidence: You can show that you had no unlawful contact, have not threatened them, or that any ongoing fear is not reasonable.
If the judge finds good cause, the DVPO might be extended for another year. Sometimes the order can be extended repeatedly.
Common Reasons Petitioner Might Seek Renewal
- Ongoing Fear: They say your original actions still cause them stress or anxiety, and they don’t feel safe without legal protections.
- Alleged Violations: Even minor breaches, like a text or an unintentional encounter, may fuel their argument that the threat continues.
- Children Involved: If there are kids, the petitioner might argue that they remain worried about the child’s safety, even if no new events occurred.
- New Charges or Incidents: If you picked up any charges related to assault or harassment after the DVPO started, that can support renewal.
On your side, you might say there have been no problems since the order. You may also highlight that any prior accusations were unfounded.
OBX Assault Charges: What You Need to Know
Defending Against a DVPO Extension
Show No Continued Threat Exists
One direct approach is to demonstrate to the judge that any alleged threat no longer exists. You can testify or offer witnesses that no communication or harassment took place during the past year. If you attended any recommended programs (for example, anger management classes), you could mention that, to illustrate you addressed any concerns the court had.
Dispute Unproven Allegations
If the original DVPO was a consent order with no formal findings, you might argue that none of the alleged abuse was ever proven. The petitioner might rely on the same unproven claims to push for an extension. You can point out the lack of evidence or contradictory statements. Courts need to see legitimate evidence of a continued threat, not just a rehash of what was never established.
Evidence of Compliance
Document how you complied with the DVPO terms. Did you avoid all contact, never approach the petitioner’s home, and ensure you remained at a distance at events or shared spaces? If you show consistent compliance, a judge might reason that there’s no ongoing reason to keep the order. Although a court may say you followed the rules because the threat of punishment was hanging over you, thorough evidence of your peaceful conduct can still help.
Overlap with Criminal Allegations
Assault on a Female or Domestic Charges
Many Chapter 50B orders arise from domestic-related criminal charges. You might face allegations like Assault on a Female, Felony Assault by Strangulation, Misdemeanor Crime of Domestic Violence, or Communicating Threats. If the criminal case is still pending, the prosecutor or petitioner could use that fact to claim you remain a risk. Alternatively, if the criminal charges have been dismissed or you were found not guilty, you may argue the DVPO extension has no basis.
Violations and Probation
If you’re on probation for a domestic-related offense, courts scrutinize your behavior more closely. Any slip-up (like an indirect text or a third party passing along a message) could cause new legal trouble. A renewal hearing might examine whether your conduct suggests that you might reoffend.
Protective Orders as a Tool
For you, it’s important to note that sometimes a petitioner might seek an extension more for strategic reasons in a criminal or custody battle. That does not automatically invalidate their request, but it means you should be ready to refute claims in a calm, factual manner. If you’re dealing with parallel criminal proceedings, we think it’s a good idea to talk to an OBX lawyer about how each case can affect the other.
Recent Court of Appeals Guidance
Emphasis on “Good Cause” and Actual Evidence
A recent opinion from the North Carolina Court of Appeals clarifies that a judge must find real “good cause” for renewing a DVPO. If the record lacks proof of ongoing harassment or if the original allegations were never substantiated, the appellate court could overturn an extended order. However, if new acts of intimidation occurred or the petitioner remains in a legitimate state of fear, an extension can stand.
Implications for Consent Orders
The appellate court also addressed situations where no facts were formally established in the initial order. A judge at renewal must rely on updated evidence rather than automatically adopting old claims. This can be helpful if you originally consented to an order to avoid a time-consuming hearing. Now, the other side might try to “reuse” the same allegations to get more time, but the court will need real evidence that a risk persists.
Possible Consequences if Extended
Longer Term Restrictions
If the order is extended, you may face another year or longer of no-contact rules, child visitation limits, or barred access to shared property. Even if you’re not living with the person, the order can disrupt everyday activities, like working at certain places or attending family events.
Firearm Prohibitions
DVPO extensions generally continue firearm prohibitions. If you rely on firearms for employment—such as private security or certain public safety roles—this can be a major concern. A continued DVPO might keep you from carrying weapons legally.
Ongoing Risk of Violation
An extension also prolongs the possibility of violation charges. Any unintentional meeting or miscommunication can escalate into a new criminal matter. You must remain vigilant about boundaries. If you have mutual friends or share certain local hotspots, ensuring compliance can be stressful.
Preparing for an OBX DVPO Extension Hearing
Gather Documents and Witnesses
We think it’s a good idea to collect evidence that supports your position. That might include phone records showing no contact, statements from neighbors or coworkers who can attest you stayed away, or any records that demonstrate your compliance. If you suspect the other side is exaggerating or fabricating incidents, consider bringing witnesses who can refute those claims.
Work Closely with Your Defense Lawyer
Because DVPO issues can tie into criminal charges, it’s valuable to coordinate with legal counsel. Your defense attorney can assess whether anything you say in a DVPO hearing might affect your criminal case. You want to avoid incriminating yourself in open court. We believe it’s wise to strategize carefully, especially if there’s an active case for assault or harassment. Each matter can impact the other.
Remain Calm and Courteous
Attitude matters. Judges often observe your demeanor to gauge whether you pose a potential threat. If you appear hostile or dismissive, it could undermine your argument. Speak respectfully, answer questions directly, and avoid anger or sarcasm. Show that you take the process seriously and want to resolve things lawfully.
Why We Think It’s a Good Idea to Get Professional Help
Each DVPO Case Is Unique
No two domestic cases are exactly alike. Your circumstances may include complicated family dynamics, child custody battles, and parallel criminal matters. If you’re on the Outer Banks or in Dare County, you might face local court processes that differ from other counties. Having legal guidance can help you navigate the system effectively.
Long-Term Impact on Your Life
Even if you have no intention of contacting the other person, a DVPO on your record can influence future background checks, employment prospects, or housing applications. If the order is renewed, that history extends. If you do have children, it might affect your custody or visitation. These real-life consequences are one reason you might want thorough advice on how to proceed.
Defending Your Rights
We often see people assume that if they cooperated the first time, the order will simply expire. That’s not always true. If the petitioner files for renewal, you need to respond promptly. The judge doesn’t necessarily assume you’re innocent of wrongdoing just because a year passed without incident. It’s a good idea to take extension hearings as seriously as an initial DVPO hearing.
OBX Domestic Violence Lawyer: Danny Glover
An extension of a Domestic Violence Protective Order in North Carolina can catch you off guard, especially if you believed the order would end soon. But Chapter 50B allows judges to renew these protective orders if there’s “good cause.” For the person seeking renewal, that might mean citing ongoing fear, recent contact, or alleged violations. From your standpoint—if you’re the accused—there may be defenses available. You can show you complied fully, that no threats exist, or that past allegations never had real proof.
Still, the stakes remain high. A renewed DVPO can last another year or more, restrict your movements, affect your gun rights, and create potential conflicts with your criminal case. That’s why we think it’s a good idea to consult a defense attorney if you face an extension request, especially in the Outer Banks or Dare County, where the Glover Law Firm practices. Each case is different, so the facts of your situation may call for specific legal strategies. A measured and well-prepared approach at the extension hearing can help protect your rights and reduce ongoing legal burdens. Call Danny Glover now to see how we may be able to help: 252-299-5300