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North Carolina Domestic Violence Protective Orders are incredibly serious. Restraining orders are called 50B protective orders in North Carolina. Domestic orders protect abuse victims or stalking victims. They require alleged perpetrators to stay a specified distance away from the alleged victims. Typically, alleged victims of domestic violence can request a protective order for a one-year period of time. The petition may be renewed for up to two years at the conclusion of the initial year. Any violation of the protective order terms is considered a Class A1 misdemeanor.Understanding North Carolina Protective Orders
In North Carolina, someone can file a protective order against another person for several different reasons. Typically, someone will file a protective order when they believe that another person poses a physical threat to them. People can also file protective orders for harassment, financial harm, stalking, or child custody.Facing a Restraining Order in North Carolina
Many of our clients are surprised when they find out they are facing a restraining order. While some restraining orders are legitimate, in other cases, people request restraining orders against innocent people or to retaliate against the person. Sometimes people request protective orders in order to manipulate a situation. Perhaps a couple is divorcing, and one spouse requests a protective order against the other spouse as leverage in the divorce and child custody process.
If you are facing a protective order in North Carolina, understanding the process is important. You will also want to understand the restraining order process and the defenses you may be able to use to remove the protective order. If you are facing a domestic violence protective order, the best thing to do is to hire a skilled attorney to defend you.What Happens After Someone Files a Restraining Order Against You?
If there is enough evidence that you pose a threat of violence to someone, a judge can grant a temporary protective order. Temporary protective orders stay in effect for usually 10 days, but in some instances it can be longer. The specific type of protective order depends on the petitioner's relationship with the complainant.
If you live with the person filing the protective order, you will receive notice to vacate the residence after the protective order becomes finalized. You will also be legally required to avoid all of the following types of contact:
- Physical contact
- Phone calls
- Text messaging
- Social media
- Asking a third party to contact the person on your behalf
During the temporary protective order, the court will send you a notice to appear at a protective order hearing. At this hearing, a judge will evaluate whether or not to issue a permanent restraining order for up to a year.What are the Consequences of Violating a Protective Order in North Carolina
Whether or not you think the protective order was fair or just, you will still be required to abide by the order. Violating the protective order in any way will result in an arrest and a criminal charge. If you violate a temporary restraining order, you will increase the chances of a court issuing a permanent protective order.
If a court finds you guilty of violating a protective order in North Carolina, you could receive a permanent criminal record. This criminal record will show up on background checks for potential employment and finding housing. Additionally, if the restraining order is related to a child custody case and you violate the order, doing so could negatively affect the outcome of your case.Defending Against Protective Orders in Court
The most important thing you can do to defend against a protective order is to hire a skilled lawyer. An experienced attorney will evaluate the case and come up with the best strategy for defending you in court. Don't be surprised if your attorney asks you questions about the Petitioners credibility, and probes into your relationship with the Petitioner in order to figure out the Petitioners true motive for filing a restraining order against you. You want to make sure your attorney has as much information as possible so he or she is prepared to represent you in court.Contact Our Experienced Protective Order Defense Lawyers as Soon as Possible
At Arnold & Smith, PLLC, our lawyers have extensive experience defending our clients against protective orders. We have successfully helped clients remove a protective order or block the order. Our lawyers will make sure that your rights are protected throughout the entire process.
Domestic violence charges are often life changing. It is essential to hire an attorney and be proactive early in the restraining order process. We offer all of our new clients a free case evaluation. Contact us today to schedule your initial consultation. Our legal team will fight for your rights every step of the way.