what type of lawyer do i need for a protective order in nc

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.

Full Answer

Where can I get a protective order in North Carolina?

If you do not have the financial ability to hire an attorney, Legal Aid of North Carolina might be able to assist you. Legal Aid of North Carolina is a statewide program, which provides free legal services in civil matters to low-income persons. One of their priority civil cases is Domestic Violence Protective Orders.

Do I need a lawyer to file for a protective 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. The compassionate and knowledgeable domestic violence attorneys at Charles R. Ullman & Associates in Raleigh have decades of experience helping survivors get protection from their abusers.

Do I need a lawyer to get a DVPO in NC?

As such, if you or someone you know has been charged with this crime, you’ll need a Raleigh criminal defense lawyer experienced with domestic violence and 50B order cases. Types of 50B Order Violations

What is a restraining order in North Carolina?

Feb 14, 2022 · Step 1: Go to the courthouse to get and file the necessary forms. Step 2: You can ask for an ex parte temporary order for immediate protection. Step 3: Take the forms to the sheriff's department. Step 4: Preparing for the domestic violence protective order hearing. Step 5: Attend the hearing. After the hearing.

What kind of evidence do you need for an order of protection?

Evidence for Petitioners Evidence can be your statements (called “testimony”), documents, photos, or objects such as torn clothing or a weapon. The following are examples of the types of evidence that can be used to show the judge that you are in danger and need an Order of Protection.

What happens if the victim violates the order of protection in NC?

Under North Carolina Civil Law 50B-4.1(a): Violation of Valid Protective Order is predicated on a violation of a Civil Order that may be punished as a criminal offense, that being a Class A1 misdemeanor. Such misdemeanor charges allow for a period of imprisonment of up to 150 days.

Do you have to go to court for 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.Jan 29, 2021

How long does a no contact order last in North Carolina?

Such an order is good for 10 days. given notice. If no Ex Parte Order is entered, a hearing will still be held after the defendant is given notice.

How do you drop a restraining order in NC?

If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.Mar 22, 2022

Are restraining orders public record in NC?

It is also important to note that even though protective orders do not show up on criminal records, court proceedings and petitions are a matter of public record, so someone looking into the matter could potentially discover it.Jan 11, 2021

How does a protection order work?

A protection order, also called a restraining order or domestic violence interdict, is a court order that tells an abuser to stop the abuse and sets certain conditions preventing the abuser from harassing or abusing the victim again.

How can you prove harassment?

Proving harassment to secure a convictionthe defendant has pursued a course of conduct.the course of conduct amounted to harassment of another person.the defendant knew or ought to have known that the course of conduct amounted to harassment.

What evidence do you need for a non-molestation order?

We would recommend that the statement should exhibit, where available: Clear, colour photos of any injuries caused, or damage to property/belongings. Text message/social media evidence where relevant, such as messages containing threats of violence or control.Jun 18, 2021

How are no contact orders monitored?

After a no-contact order is issued, it is entered into the law enforcement computer-based criminal intelligence information system. Usually, the no-contact order will remain in the computer system for one year (RCW 10.99. 050). Every police officer has access to this computer system.Mar 4, 2020

How much is a no contact order in NC?

Filing a 50C order is free of charge. If an alleged offender violates a no contact order, the person can enforce the order by going to civil court and asking the judge to hold the defendant in either criminal or civil contempt of court.

How do you get a no contact order in NC?

You can file a Civil No-Contact Order in the civil clerk's office in the county where you reside, the county where the act(s) of unlawful conduct occurred, or the county where the abuser resides.

What types of protective orders and restraining orders are available?

There are two types of domestic violence protective orders that can be issued in the state of North Carolina. The first is known as an ex parte tem...

What is a no-contact order (50C) in North Carolina?

There are several different types of restraining orders available depending on the relationship you have with the other individual. A no-contact or...

What is a 50B order?

A 50B order in North Carolina is another type of restraining order. However, it’s different from a general restraining order because it provides a...

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 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 is a 50C order?

These orders apply to cases where you are being stalked or are facing unwanted sexual advances from a person you have not had a relationship with.

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 get temporary custody of your children?

They can give you temporary custody of your children and pets, as well as require temporary child support and spousal support. These orders can prevent your abuser from engaging in certain actions, such as threatening you, coming within a certain distance of you or purchasing a firearm.

What is a 50B order?

A 50B order in North Carolina, known commonly as a restraining order or a Domestic Violence Protective Order (DVPO), is a specific type of restraining order designed for victims of domestic violence.

Can you violate a 50B order?

Violation of a 50B order can occur in many different ways, and if someone has a restraining order against you, it is important to remember that you can violate your order even when contact was initiated by the person the order was meant to protect.

What is domestic violence in North Carolina?

Domestic violence in North Carolina is when someone you have had a “ personal relationship ” with does any of the following to you or your minor child: attempts to cause bodily injury, or intentionally causes bodily injury; places you or a member of your family or household in fear of imminent serious bodily injury;

Can a judge grant an order against an out-of-state abuser?

This means that the court may not be able to grant an order against him/her.

What is a protective order in North Carolina?

There are two types of domestic violence protective orders that can be issued in the state of North Carolina. The first is known as an ex parte temporary protective order. This type of protective order can provide immediate protection for domestic violence victims, as it can be issued by a judge the same day that a petition for a protective order ...

What are the different types of protective orders?

What types of protective orders and restraining orders are available? 1 The first is known as an ex parte temporary protective order. This type of protective order can provide immediate protection for domestic violence victims, as it can be issued by a judge the same day that a petition for a protective order is submitted. The ex parte protective order typically applies in cases where there is an immediate threat of violence to a spouse or child, and imposes restrictions up until the first court hearing occurs. 2 Unlike an ex parte temporary protective order, a final domestic violence protective order (DVPO) can last up to one year, and may be extended for up to two years in some cases. A final protective order goes into place after a full court hearing takes place.

What is a no contact order?

A no-contact order prevents the offender from stalking, visiting, harassing, contacting or entering certain spaces for a specific period.

How long does an ex parte protective order last?

Unlike an ex parte temporary protective order, a final domestic violence protective order (DVPO) can last up to one year, ...

What is Epperson Law Group?

At Epperson Law Group, PLLC, we are guided by a commitment to helping you achieve favorable results in an efficient manner. Our Charlotte divorce and family law attorneys work with clients every day who face a range of divorce, custody, and other family law issues.

What is a restraining order in North Carolina?

Restraining orders are emergency stop signs posted by the court in the life of abusers. Restraining orders are termed protective orders in North Carolina laws. Like many states, North Carolina has two types of orders, those that protect victims in domestic abuse situations, and those that protect victims in other situations.

What is a domestic violence protective order?

By far the most common type of protective order is a domestic violence protective order, termed DVPO in North Carolina. These are designed to protect you from people you live with or have a relationship with. They can also be used to protect your children and your pets.

What is the purpose of harassment?

The key is that the harassment serves no legitimate purpose but is intended to torment, terrorize or terrify the victim.

How long is an ex parte order good for?

Ask for an ex parte order if you feel that you or your children are in serious and immediate danger. If the court gives you this order, it is good for 10 days, until your full court hearing. If you go to a magistrate, you may get an ex parte order that is only valid until the case is heard by a judge.

How long does a DVPO last?

If you are the only person to show up, the court will likely issue you a DVPO that can last up to a year. It can be renewed for good cause for up to two years, and you can obtain more than one renewal. A person violating the terms of a DVPO can be arrested and prosecuted criminally.

Can you get a protective order in North Carolina?

Although most North Carolina protective orders are issued in domestic violence situations, abuse is not limited to those who have close relationships. North Carolina law also provides for civil no-contact orders, called 50C orders. You'll want to seek a 50C order if you are the subject of unwanted sexual conduct or stalking by someone you know casually, like a neighbor or a co-worker or even a stranger.

Charles Christopher Adkins

You should talk to either a Family Law attorney or a Criminal Defense attorney. Both handle these types of cases.

David A. Coolidge Jr

I would recommend that you hire a criminal defense attorney who also deals with domestic violence issues. You need someone who understands protection orders and who will also make sure that you do not make any statements that could lead to criminal prosecution. Good Luck.

William Jordan Steed III

Anyone facing an order of protection is best advised to retain an attorney. Both family law attorneys and criminal defense attorneys routinely handle such cases. A criminal defense lawyer is often a good option, because a person applying for an order of protection may also apply for criminal warrants, either before or after seeking the order.

Fred B. Amos II

You need a family law attorney that handles domestic violence cases. You can use the Find A Lawyer feature on this website to locate family law attorneys in Raleigh.

Who to contact for safety concerns at court hearing?

If you have concerns regarding your safety at the hearing, you or the advocate should contact the clerk of the court or a deputy sheriff in the courthouse and let them know of your concerns.

Why is it important to attend a court hearing?

It is important that you attend the hearing so that you can provide the judge all of the information that is available and necessary to either issue a final protection order or to dismiss the case.