ARE DOMESTIC VIOLENCE PROTECTIVE ORDERS STAYED ON APPEAL?
What changed about the appeal of Domestic Violence Protective Orders?
In some cases a lower Court’s Order is stayed on appeal. What does “stay” or “stayed” mean? A stay means that the lower Court’s Order is not enforceable until the Appellate Court makes a decision on the appeal. In a Domestic Violence situation this would leave the victim without protection during the appeal process.
To address this Governor Cooper signed House Bill 343 into law on Tuesday June 11, 2017. HB343 amends the enforcement section of the Domestic Violence Protective Order law to state that a valid Protective Order is not automatically stayed upon appeal. This means that the Protective Order remains enforceable by law enforcement during the pendency of the appeal process.
What does this mean to me?
If you have a Protective Order against someone then this new law means that they can be arrested if they violate the Order even while it is on appeal. The law is intended to continue to protect you even if the Defendant appeals the Order.
In the event you have a Protective Order entered against you the law change means that you must continue to abide by the terms of the Protective Order during your appeal. If you violate the Order while it is on appeal then you will be subject to arrest.
Is it possible to stay the Protective Order?
Yes. The law change allows the Defendant to ask the Appellate Court to stay the Order, but the stay is not automatic. If you are interested in asking the Appellate Court for a stay then you should consult with your lawyer.
What else should I know?
Domestic violence is an issue that is always in the news, and one we have to watch closely. The legislature made another change to address murders of Domestic Violence victims with Britny’s Law. You can learn more about Britny’s Law here.
Also, feel free to give us a call if you need assistance.