Just a piece of paper?: The effectiveness of a domestic violence protective order
A Domestic Violence Protective Order, sometimes called a restraining order, is one of the most important legal tools available to protect survivors of domestic violence. A DVPO is a court order that forbids an abuser from contacting their victim. If that order is violated, the abuser can face criminal charges.
That raises a common question: if the consequences come only after a violation, what good does a DVPO really do?
A DVPO can do a great deal to protect survivors. The more seriously the order is enforced and supported, the more effective it becomes.
Why a DVPO matters
A DVPO is not perfect. Survivors sometimes report that violations are ignored, arrests are not made, or charges are dismissed. Yet studies show that these orders make a measurable difference.
A 2002 study in the Journal of the American Medical Association found that having a DVPO reduced police involvement in domestic incidents by 80%. Another study in the American Journal of Public Health (2004) found that while violations occurred, the overall level of violence dropped significantly once a DVPO was in place.
Even when violations happen, they tend to be less severe and less likely to be fatal. While no piece of paper can guarantee safety, a DVPO significantly reduces the risk of serious harm.
Related Items
Thanks to Trump and the GOP
Local leaders speak out against drunk driving
Fontana library trustees get bogged down on small changes
I believe our republic is in danger
Barriers survivors face
For many survivors, obtaining a DVPO is not simple. Common barriers include the following:
• Fear of retaliation: Survivors often fear that seeking an order will escalate the violence.
• Financial and transportation limits: Many survivors cannot afford to miss work, pay court fees or travel to the courthouse.
• Complex paperwork and legal confusion: The process involves filling out detailed forms, appearing before a judge and describing the abuse clearly and calmly in a public courtroom.
• Lack of legal representation: Survivors may feel intimidated without an attorney or advocate present.
• Emotional exhaustion and trauma: The stress of recounting abuse can be overwhelming, especially for someone still processing what happened.
Advocates and attorneys can help survivors overcome these barriers by walking them through the process, helping them prepare documents, and offering emotional support. We encourage the community to call resources such as REACH of Haywood County at 828.456.7898, or Legal Aid of North Carolina’s Western North Carolina branch at 828.586.8931.
What to Bring When Seeking a DVPO
To file for a DVPO in North Carolina, survivors must complete and file a complaint and motion for a protective order at the clerk of court’s office. The following information can strengthen the request:
• A detailed account of the abuse: Include dates, times and descriptions of incidents, especially any threats, injuries or use of weapons.
• Evidence, if available: Photographs of injuries or property damage, text messages, emails, voicemails, police reports or witness statements.
• Identification information: The abuser’s full name, address, workplace and description (to help with service of the order).
Once filed, a judge may grant an ex parte (temporary) order the same day, providing immediate protection until a full hearing is held, usually within 10 days. At that hearing, both sides can present evidence before the judge decides whether to issue a one-year DVPO.
What happens after a DVPO is granted
Once a DVPO is issued, law enforcement will serve it on the abuser. The order may include certain provisions:
• No contact of any kind, including phone calls, texts or social media messages.
• Removal of the abuser from the shared home.
• Temporary custody or visitation terms if children are involved.
• Surrender of firearms.
The survivor should keep a copy of the DVPO with them at all times and share copies with their workplace, child’s school and anyone else who may need to enforce it.
Reporting violations
Any violation of a DVPO should be taken seriously and reported immediately to law enforcement. Survivors should do the following:
1 . Document the violation in writing, including the date, time and what occurred.
2 . Save any evidence such as text messages, phone logs or witness accounts.
3 . Notify their advocate or attorney so a motion for contempt or criminal charges can be filed if necessary.
Even small or seemingly minor violations matter. Consistent documentation helps build a record that demonstrates the abuser’s disregard for the court order.
How the community can help
A DVPO is only as strong as the system that supports it. Law enforcement officers, judges, attorneys, advocates and community members all play a role in enforcing these orders and supporting survivors.
During the period of protection, survivors benefit most from strong networks. Friends and family can help by offering transportation, childcare and emotional support while survivors rebuild independence and stability.
More than just a piece of paper
A DVPO is more than a legal document. It is a statement that violence will not be tolerated and that survivors have the right to safety and peace. It cannot guarantee protection, but it reduces harm and gives survivors time to rebuild their lives.
When survivors, advocates and communities take these orders seriously, their power multiplies.
If you need help seeking a Domestic Violence Protective Order, we encourage you to reach out to your local domestic violence advocacy center:
• REACH of Haywood County: 828.456.7898.
• Center for Domestic Peace: 828.586.1237.
• WNC Alliance (formerly 30th Judicial District Alliance): 828.452.2122.
• Legal Aid of North Carolina: 828.586.8931.
(Daniel Worrall is a managing attorney for Legal Aid of North Carolina)
