Representing petitioners and respondents in Durham County District Court DVPO proceedings under NC § 50B and § 50C.
510 South Dillard Street · Durham, NC 27701
Clerk of Superior Court — Domestic Violence Matters
Main entrance on South Dillard Street
Durham County is part of the Research Triangle and home to a large and diverse urban population. Its District Court handles a significant volume of DVPO matters, and the court’s judges and staff are experienced with the procedural and evidentiary demands of protective order cases. Durham sits adjacent to Wake County, and cases sometimes involve parties who have connections to both counties.
We represent clients in Durham County District Court on both sides of DVPO proceedings: petitioners seeking emergency and final protective orders under § 50B, and respondents who have been served and need to present a defense at the 10-day hearing.
Durham County DVPO petitions are filed at the Clerk of Superior Court’s office at 510 South Dillard Street. The sworn complaint describes the acts of domestic violence and the relationship between the parties. A District Court judge reviews the complaint for an ex parte order, typically the same day. Upon issuance, the Durham County Sheriff serves the respondent.
Petitioners in Durham County benefit from having their complaint clearly and accurately drafted, because the ex parte judge is reviewing it for sufficiency on its face. We assist petitioners in ensuring the complaint captures all relevant conduct in legally adequate terms before it is filed.
Respondents served with a DVPO in Durham County face the same timeline as in every NC county: the 10-day hearing arrives quickly, and the ex parte order is already in force. Durham County District Court judges are experienced practitioners who have seen every variety of DVPO defense. A defense presented without organization, without supporting evidence, and without attention to the § 50B-1 standard is unlikely to succeed.
We analyze each Durham County DVPO case on its facts: what the complaint alleges, what evidence the petitioner is likely to bring, and what the realistic defenses are. From that analysis we build a hearing strategy that gives our clients the best achievable outcome.
Frequently Asked QuestionsDVPO petitions in Durham County are filed at the Durham County Courthouse, 510 South Dillard Street, Durham, NC 27701. The Clerk of Superior Court’s office handles domestic violence protective order intake. All courthouse entry is through the main entrance on South Dillard Street.
Durham County has active domestic violence advocacy resources, and the courthouse can connect petitioners with assistance through the clerk’s office. An attorney can work alongside these resources to ensure your complaint is legally complete and your evidence is presented effectively at the 10-day hearing.
Yes. Under NC § 50B-3, a domestic violence protective order can include temporary child custody provisions. If a DVPO is entered, those custody provisions operate concurrently with any existing custody order. A subsequent custody proceeding in the Family Court division of Durham County District Court will take the DVPO into account. Both petitioners and respondents with children should factor custody implications into their preparation for the 10-day hearing.
For a full explanation of the DVPO process, see our NC § 50B explainer. For civil no-contact orders, see our § 50C guide. Return to dvpo.law.
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(844) 473-7387Barker Richardson, PLLC · NC Bar #19543
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