Orders Of Protection / Restraining Orders Attorney: Your Advocate In Times Of Crisis

Arguments between spouses and partners can quickly escalate as emotions run high, sometimes even resulting in violence. My name is Steven M. King, and I am a restraining order attorney in Asheville. I founded my firm to help families in western North Carolina with their legal challenges.

I understand that arguments between partners that escalate into domestic violence come with incredibly complex emotions. However, your safety is more important than anything. It takes immense courage to acknowledge the need for protection, and I’m here to provide clarity and peace of mind during these difficult times.

The Emotional Complexity Of Orders For Protection

Domestic violence is a painful and isolating experience. The conflicting emotions of fear, shame and guilt can make it hard to come forward and ask for protection. You may feel trapped, unsure of how to escape your situation or worried about the consequences of speaking out.

As a family lawyer, I understand these complex dynamics, particularly when couples are going through a separation or a divorce. When tensions escalate, I provide compassionate and supportive legal guidance to help you understand your rights.

Understanding North Carolina’s Options For Protective Orders

In North Carolina, there are two types of protective orders based on your relationship status with the alleged abuser. These two types are:

• Domestic violence protective orders (50B): A 50B protective order is specifically designed for victims of domestic violence, which includes harassment, physical violence, or nonconsensual sexual conduct by someone with whom you have or have had a personal relationship.
• Civil no-contact orders (50C): A 50C civil no-contact order, on the other hand, is for victims of stalking, harassment, or nonconsensual sexual conduct by someone who is not a household member or intimate partner.

As a family law attorney, I can help you understand the nuances and differences between North Carolina’s protective orders. Together, we can evaluate the facts of your case to see if you qualify for a protective order.

How Do You File For A Restraining Order In North Carolina?

To file for a 50B protective order, you must file a complaint with the court in the county where you reside or where the abuser resides. In the complaint, you will describe the incidents of domestic violence, harassment or stalking that have occurred.

You can also request an ex parte order, which is a temporary protective order that can be issued without the abuser being present. The Judge will review your complaint and determine if there is sufficient evidence to issue the ex parte order.

If an ex parte order is issued, it must be personally served on the abuser by the Sheriff’s department. After the abuser is served, a protective order hearing will be scheduled. At the hearing, both you and the abuser will have the opportunity to present evidence and testimony. The Judge will then decide whether to issue a permanent protective order.

What Does An Order For Protection Do?

An order for protection is a legal document that can prohibit the abuser from contacting or approaching you. It can also order temporary custody and support, which can provide you with financial stability and peace of mind. The order can also require the abuser to surrender firearms, which can help reduce the risk of further violence.

What Happens If An Abuser Violates A Protective Order?

If an abuser violates a protective order, it is essential to contact the police immediately. Violating a protective order is a criminal offense, and the abuser can face serious consequences, including arrest and imprisonment. You should also notify your restraining order attorney, who can help you navigate the legal system and ensure that your rights are protected.

How Long Does A Restraining Order Last?

The length of a restraining order varies depending on the circumstances. A temporary protective order typically lasts until the hearing, which is usually scheduled within 10 days. If the Judge grants a permanent protective order, it can last for up to one year, but it can be extended or modified as needed.

Consult An Asheville Restraining Order Attorney

If you are facing domestic violence or harassment, I am available by appointment for confidential initial consultations. I can help minimize the stress and provide much-needed guidance throughout the legal process. Call The Law Office of Steven M. King at 828-900-3674 or send a message through my website. Together, we can work toward a safer, more secure future.