Restraining Orders

Under North Carolina law, it is possible to seek restraining orders under North Carolina General Statutes Chapter 50B (domestic violence) or Chapter 50C (stalking). Domestic Violence Restraining Orders are very common and are often used as they were intended: to protect victims from domestic violence. Unfortunately, they are often misused to harass, intimidate, extort or embarrass the other party.

If you are in danger, it is very important to act quickly to protect yourself.

If you are a wrongfully accused defendant, it is also important to act quickly to defend yourself because the legal process can move very fast.

If you are a wrongfully accused defendant, you might think “Well, I don’t want to go anywhere near him/her anyway, so go ahead and grant the restraining order.” For a wide variety of reasons, this can be a dangerous position to take: A violation of a 50B Domestic Violence Restraining Order can result in an independent criminal charge.