what does it cost in reliegh nc to hire a lawyer for a restraining order

Full Answer

What do you need to get a restraining order in NC?

At the hearing, you will need to show the court that the abuser has committed an act of domestic violence, stalking or nonconsensual sexual conduct (as defined by North Carolina law). If the court finds that this has occurred, the court must grant the order.

Do I need a family law attorney to file a restraining order?

Filing for a restraining order is an emotionally charged and sometimes scary process for people. So having an experienced and compassionate family law attorney on your side can take some of the pressure off you, knowing that all the paperwork is properly handled and you have a skilled professional presenting your case in court.

What happens at a court hearing for a restraining order?

You will also need to attend a court hearing, where you will have to show that the defendant (or the person you are filing the order against) has committed acts that warrant the protective order. Filing for a restraining order is an emotionally charged and sometimes scary process for people.

How do I get a restraining order in New York?

Go to the office of the clerk of civil court or the magistrate’s office. Tell them you need to file for a restraining order, protective order, DVPO or Civil No-Contact Order. You can also tell the office that you need to file for an emergency ex parte/temporary protective order. You will find that deputy clerks and assistant clerks are helpful.

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

How hard is it to get a restraining order?

Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.

What constitutes harassment in NC?

In general, harassment is behavior towards another person that scares, torments, or intimidates them for no apparent reason. This behavior can be expressed verbally or in writing, by phone, internet, pager, voice mail, answering machine, or any other comparable methods.

Does a restraining order go on your record?

Does a restraining order affect your record? Unless a restraining order is breached, it will not appear on your criminal record. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court.

How do you stop someone from harassing you?

You would need to talk to Police or get legal advice if you want to explore these options.Applying for a Protection Order. ... Report to the police. ... Document the harassment. ... Telephone company. ... Social media. ... Block the abusive person from contacting you.

What happens when you get a restraining order?

A restraining order is a court order which prohibits your abuser from doing certain things such as contacting you or attending your place of work or home address. Breaching (breaking) a restraining order is a criminal offence. The court will make the order if the judge thinks it is justified.

How do I prove harassment in NC?

North Carolina Stalking Definition (1) Fear for the person's safety or the safety of the person's immediate family or close personal associates. (2) Suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment.

What are the four types of harassment?

The first is unlawful, which means the harassment is directed at a protected class. Unlawful harassment violates Equal Employment Opportunity (EEO) laws and can lead to prosecution....With that in mind, here are some other types of harassment to watch out for at work.Religious. ... Humor/Jokes. ... Disabilities. ... Ageism.

What is considered communicating threats in NC?

Communicating threats is a charge that alleges that a person in North Carolina has: Threatened to physically injure a person or a person's family member; Communicated the threat orally, in writing, or other means (non-verbal, etc.);

What is the sentence for harassment without violence?

For the offence without violence, the basic offence of harassment, up to six months imprisonment can be imposed. This increased to 2 years if the offence is racially aggravated.

What's the difference between a non molestation order and a restraining order?

Occupation orders primarily deal with who occupies the family home, whilst non-molestation orders prevent harassment and further abuse. Restraining orders are imposed on offenders to prevent them from further abusing or harassing victims.

Is a restraining order a conviction?

Following the implementation of section 12 of the DVCVA 2004, restraining orders may be made on conviction or acquittal for any criminal offence. These orders are intended to be preventative and protective. The guiding principle is that there must be a need for the order to protect a person or persons.

What is the hourly rate of a lawyer in North Carolina?

The average hourly rate for a lawyer in North Carolina is between $62 and $330 per hour.

How much does a family lawyer charge in North Carolina?

The average hourly rate for a family lawyer in North Carolina is $250 per hour.

How much does a civil litigation lawyer charge in North Carolina?

The average hourly rate for a civil litigation lawyer in North Carolina is $255 per hour.

What is the highest paid type of lawyer in North Carolina?

Bankruptcy attorneys are the highest paid type of lawyer in North Carolina, earning $330 per hour on average.

What is the lowest paid type of lawyer in North Carolina?

Juvenile attorneys are the lowest paid type of lawyer in North Carolina, earning $62 per hour on average.

Raleigh Protective Order Violations Defense Attorney

Protective order violations, Chapter 50B violations or restraining order violations can lead to serious consequences. Punishments for violations of protective orders in North Carolina include jail time or serious fines. While the order itself is a civil court matter, the violation of a domestic violence protective order is a criminal issue.

Fighting to Prevent the Restraining or Protective Order

While we defend against alleged violations of protective orders, you will be better off if we can actually prevent the order from being issued in the first place. If you have been accused of domestic violence or served with notice of a protective order hearing, call our Raleigh defense lawyers as soon as possible.

Protective Order, Harassment Order or Restraining Order Violations

North Carolina courts issue protective orders to prevent harassment, abuse or the possession of a weapon. Once issued, the orders are in place for one year. If you violate an order of protection or harassment order, you will be arrested and criminally charged.

Contact Roberts Law Group, PLLC, In Raleigh Today

Whether you have been charged with violating a no-contact order, a protective order or a restraining order, our Raleigh criminal defense attorneys will work to achieve the outcome that is best for you. Contact Roberts Law Group, PLLC, to speak with a protective order violations lawyer in North Carolina.

Do I Need An Attorney?

If you are experiencing any marital conflict or domestic concerns that have escalated to domestic violence, you need a domestic violence and restraining order attorney that can assist you in securing your safety and the safety of others in the home.

Why Choose Marshall & Taylor PLLC?

At Marshall & Taylor PLLC, our aggressive Raleigh domestic violence and restraining order attorneys understand that these types of cases may not be resolved easily. Our skilled team understands the value of diplomacy and mediation.

Cases We Handle

If you have been the victim of domestic violence, it is extremely important to seek medical care and legal counsel as soon as possible. Furthermore, understanding what your rights and options are when it comes to escaping a violent relationship is often difficult, especially if children or others are involved.

Frequently Asked Questions

If you are considering hiring an attorney to help you with a domestic violence case, you may have questions and concerns that you need to be addressed as soon as possible. For your convenience, we have listed a few of the most commonly asked questions and the corresponding answers.

North Carolina – Domestic Violence Statistics

The National Coalition Against Domestic Violence (NCADV) describes domestic violence as the “willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another”.

Contact A Raleigh Domestic Violence Lawyer Today

Marshall & Taylor PLLC takes price in putting our clients first, and we have the resources and experience to provide you with fair and honest representation, while looking out for the safety of you and your loved ones.

What is a restraining order in North Carolina?

Restraining orders in North Carolina are referred to as domestic violence protection orders (DVPOs or 50-B orders). A court will typically issue these orders to protect a person who has already been an alleged victim of domestic violence or fears they will become a victim.

What is a permanent order hearing?

Permanent Order Hearing — This is the DVPO hearing in which the alleged offender has the opportunity to present a defense.

What happens if a court grants a DPVO?

If the court grants a DPVO, it may order the alleged offender to do several things. Under North Carolina General Statute § 50B-3, some of the forms of relief that could be given to the alleged victim under a protective order include:

How to prevent domestic violence?

Direct the alleged offender to refrain from acts of domestic violence. Grant possession of the residence or household to the alleged victim and prohibit the alleged offender from the residence or household. Require the alleged offender to provide a spouse and her children suitable alternate housing.

What to do if you receive a summons for DVPO?

If you have received a summons regarding a DVPO hearing, it is important to take the potential ramifications very seriously. Even if the alleged victim has told you that they want to drop the case or will not have legal representation, you should still seek the help of an experienced criminal defense attorney.

What is the purpose of an eviction order?

Order the alleged offender to make payments for the support of a minor child. Order the alleged offender to make payments for the support of a spouse.

How long does a protective order last?

If the court issues a final protective order, it will last up to one year.

How long does it take to get a protective order hearing?

Your abuser will receive a notice of the hearing with this information. The hearing date will be within 10 days of the filing of your complaint. You must attend the hearing.

What do you need to serve a complaint to a sheriff?

In addition to being served the complaint, your abuser will need to be served a civil summons to appear in court. If you have it, you must include the abuser’s name, address and other contact information in the summons. The county sheriff’s office will serve the complaint and summons on the abuser.

How to get a protective order?

To obtain a permanent protective order, you will need to show the person committed one of the following: 1 An act of domestic violence 2 Nonconsensual sexual conduct 3 Stalking

How long does a temporary protective order last?

You can likely get a temporary protective order, called an ex parte order, very quickly by filling out a complaint. This order can last up to 10 days, after which you will need to go to court to seek a permanent order.

Can you file a protective order in North Carolina?

Though many commonly use the term “restraining order,” in North Carolina, this is technically called a Domestic Violence Protective Order or a Civil No-Contact Order. Although you can file for a protective order on your own, having an experienced family law attorney on your side can make the process much easier.

Who serves the notice of hearing?

The county sheriff’s office will serve the complaint and summons on the abuser. The sheriff’s office also will serve the notice of hearing and a copy of the ex parte/temporary protective order (more on this below). You can help the sheriff’s office by filling out a form that identifies your abuser.

Can you file for a 50B order?

If you have a personal relationship with the abuser, such as a domestic partner or a family member, you can file for a Domestic Violence Protective Order, also known as a 50B order or DVPO, a copy of one can be found here. These orders can require that the abuser move out of your joint home or pay for other housing for you.

Benjamin Peter Theule

You will likely be hard pressed to find an attorney here who will quote you a fee price without first knowing significantly more about your case.

David Philip Shapiro

Call some quality, locally experienced, defense attorney and ask them. The best attorney for your case may not always be the most/least expensive one out there.

Richard Forrest Gould-Saltman

It'll depend how long the hearing is and complicated the allegations are. DVPA hearings can run anywhere from ten minutes to several days.

Arnold William Gross

Contact a San Diego lawyer who handles DVRO cases. It depends on the lawyer, whether it is charged as a flat fee or hourly, and other factors. Most will provide a free consultation.