DVPO--Those are the last letters anyone wants to have associated with their name. I'm not naming anyone, that said I will talk about this issue because it to me has a special place. For those who are unfamiliar the DVPO, it means Domestic Violence Protective Order: in North Carolina its called a DB50. What does it mean. Usually a DB50 is associated with some type of partnered domestic relationship in which one of the partners has committed some act of violence or child abuse within the context of a committed relationship. Note I did not say man and wife, him or her, because domestic violence is not really a problem of gender but more so a problem of lack of self efficacy or esteem. In relationships which are abusive, low self esteem and, or insecurity represent common threads. One could be in a homosexual relationship and still suffer the psychic and physical trauma of abuse. That said, I am all for statues and prompt enforcement of statutes that protect the abused, punish and treat the abuser and protect children. These are vital, essential laws which must be on the books. That said, what happens are misused and turned into weapons of mass disruption.
In the state of North Carolina, obtaining a DVPO is easier than getting a drivers license or even a handgun, particularly if you are a female. Here is a simple step by step process to get a DVPO.
1) Go to the magistrate or DVPO intake officer.
2) Fill out the DB50 form. Write any information related to abuse. Check the boxes which offer restricted movement to the alleged abuser.
3) Take it to a judge in the Domestic Violence Court.
4) It's signed and then served by the local sheriffs office.
It's that simple.
Once this is served the defendant may be ordered to leave the residence, surrender their firearms, ordered to stay away from the complainant, their family and their associates, and of course their children. The sad thing about the DVPO is that one is considered guilty until they are proven innocent. Time and the judicial system is an interesting thing here because technically the case must be heard within 10 days from the issuance of a complaint. However, there is nothing that prohibits one from obtaining what is called a motion for continuance. Motions can usually go for an additional two weeks. This of course forces the alleged assailant out of their home for an additional 14 days. Of course if there is a lawyer involved it can be extended for another period of time due to that lawyer's schedule. No where in any of this has any physical evidence been issued against the defendant. The defendant is basically penalized as they forcibly removed by the legal system out of doors. To me this salient if there is a criminal DVPO as opposed to a CIVIL DVPO... There in lies the rub. In criminal matter, there usually is an arrest and there is usually a hospital accounting of some type of abuse. But in civil matter, it's all just a matter of interpretation by the complainant and the presiding judge. How much does it cost to successfully launch a defense against these types of charges? For the low low price of 1500 to 3000 dollars your name can be cleared. If you don't have it, oh well there is no court appointed lawyer so have to defend yourself. Trust me, going to court without a lawyer and the other party has one, is like going up against Bruce Lee with your hands tied behind your back. Lawyers have the equivalent black belts in the courtroom dojo. Of course everyone is innocent until they are proven guilty right? If you don't have a lawyer, welcome to the world of DVPO hell. You are then basically on probation with the same stipulations of which you were living under previously and you of course get a chance to (well ordered to) go to domestic violence offender classes, which you do have to pay for and you are ordered for a year to have no contact.... To me something is wrong with this process. Not that I went through it, but I do have a little familiarity with it and I'll just say, money is a big factor here. If you have it, you have a chance of getting cleared. If not, well you have a chance, like the snowball in hell. Its time for someone to step up and step the hell out of line and call for an end to the BS of NCs DVPO..
No comments:
Post a Comment