What is a Domestic Violence Protective Order? A” DVPO” or “50-B” is a Civil Order (not criminal) that is usually granted ex-parte (without notice) on a temporary basis until a full hearing can be held usually within 10 days. The parties have a personal relationship and may or may not live together. Although a Defendant does not have to attend the hearing or contest the Order- they should.
Although a DVPO can be a legitimate and necessary instrument a DVPO is often a weapon used by one party to evict a spouse from the martial residence, for leverage in a family law case, or to set up criminal charges. A DVPO is usually granted for 1 year if extended and violation of the Order is a Class A1 misdemeanor punishable by 150 days in jail. A DVPO is usually 1-sided meaning the Plaintiff can contact the Defendant, but the Defendant can’t contact the Plaintiff. A Plaintiff also can’t give the Defendant permission to violate or ignore the provisions of a DVPO.
Even if you never plan to contact the other party again you should at least contact an attorney because often there are other issues at play such as criminal charges, child custody, or property distribution. A Defendant is not entitled to a court appointed attorney for a DVPO. Witt Law Firm, P.A. represents both those seeking and defending a DVPO. Call us to protect your rights.
Instructions for DVPO:
Complaint and Motion for DVPO: