Effective October 1, 2017, NC House Bill 343 goes into affect which provides the following changes in cases where Domestic Violence Protective Orders have been issued.
1. Domestic Violence Restraining Orders remain in effect during the pendency of an appeal.
Instead of being stayed, domestic violence protective orders are still enforceable while an appeal is pending. This ensures that domestic violence victims can still enforce an order even if it’s under appeal from a Defendant. Defendants can file a motion with the Court of Appeals to seek a stay of execution which can be allowed if “justice requires.”
2. Domestic Violence Restraining Orders are modifiable for good cause.
Previously DVPOs were not modifiable. With the new changes, either party can file a motion to modify a Domestic Violence Protective Order and upon a finding of “good cause” an order can be changed. This can be very useful in cases where a restraining order contains custodial provisions that need to be modified to accommodate changed circumstances.
These changes provide more protections for victims of domestic violence, while also allowing for more flexibility as circumstances change during the duration of a DVPO. Contact a domestic violence lawyer if you have questions about how this could impact your existing order.