(910) 769-7339

Do You Need a Protective and Restraining Orders Lawyer in North Carolina?

As a victim of abuse or stalking, you may fear that your abuser is lurking around every corner. Filing a protective order, or “restraining order,” can give you peace of mind, and you should work with a protective and restraining orders lawyer to quickly take the correct actions for your protection and security.

Restraining orders are court orders that require a person to stay a specific distance from another person or location. You can request that your abuser stay a specified distance from you and your children, as well as from your house, your workplace, and locations you frequent.

Restraining orders can be temporary or permanent, and they can include unique terms and conditions. If you have recently dealt with abusive or stalking behavior, a North Carolina protective order lawyer is prepared to help you navigate this process and secure a court order that can keep you and your family safe. Contact our legal team at Speaks Law Firm, PC, Family Law Division to schedule a case review.

Who Needs a Protective or Restraining Order?

Protective or restraining orders can enhance security for any individuals who do not feel safe in the presence of another person. Typically, the following categories of people seek restraining orders:

  • Victims of domestic violence
  • Victims of assault
  • Victims of battery
  • Victims of stalking

If you have recently experienced any of the above, we can assess your situation and help you pursue a protective order. Contact our legal team today at Speaks Law Firm, PC, Family Law Division.

What Is a Domestic Violence Protective Order (DVPO) in North Carolina?

A domestic violence protective order (DVPO) is a type of temporary protective order specifically for victims of domestic violence. This order prevents the abuser from having any contact with the victim for a specified time. If the abuser violates the requirements of the protective order, they may face new criminal penalties in addition to any penalties for the domestic violence acts they previously committed.

You may be eligible for a DVPO if the person who committed the abuse is a family member, a current or former spouse, the parent of your child, or a current or former member of your household.

A DVPO can provide several protections aside from preventing the abuser from coming into contact with you. For example, this order can:

  • Grant you sole possession of the residence
  • Give you temporary custody of minor children
  • Order child and spousal support
  • Prohibit the abuser from purchasing a firearm
  • Order the abuser to complete a treatment program

Your domestic violence lawyer can help you file a DVPO and seek all of the necessary protections within this order.

What Are the Penalties for Violating a DVPO in North Carolina?

If your abuser violates the requirements of your domestic violence protective order, they can face a range of penalties, such as:

  • Up to 60 days in jail
  • Felony charges if they have at least two other violations, if they commit a crime while subject to a protective order, or if they violate a stay away provision while carrying a deadly weapon
  • Five to six months in prison

DVPOs are serious orders, and even one violation of these orders can lead to harsh penalties. A DVPO provides protection and peace of mind.

If you believe your abuser has violated your domestic violence protective order, you can call the police to report this violation. Alternatively, you can let your restraining order lawyer know about the violation to determine the appropriate next steps. Contact our protective and restraining orders legal team today for a consultation.

How Long Does a DVPO Last in North Carolina?

Domestic violence protective orders are temporary restraining orders. These orders can last for up to one year, but you can seek multiple renewals that can last up to two years each if you establish there is “good cause” each time. Good cause may include additional threats from the perpetrator or previous violations of the order.

However, the exact length of a DVPO depends on the amount of time the court deems necessary. Your domestic violence protective order lawyer can advocate on your behalf to ensure that your protective order meets your specific needs and provides comprehensive protections.

How Can a Protective Order Lawyer Help?

Whether you need a protective order for a domestic violence perpetrator or to protect your family from another unsafe person, your attorney can assist you throughout the process. We can help you understand which type of protective order is appropriate for your needs.

At Speaks Law Firm, PC, Family Law Division, we have extensive experience helping Wilmington, NC clients file protective and restraining orders that give them peace of mind. Contact our family law attorney team today to schedule your case review.

Ask a Question,
Describe Your Situation,
Request a Consultation

Call (910) 769-7339 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
Main Contact Form
* Required Fields
Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Questions or Schedule An Appointment?

Call (910) 769-7339

Why Choose Speaks Law Firm, PC Family Law Division?

Passion – Our family law attorneys, Justin Moulin and Sarah Gray, are dedicated to helping clients with legal matters involving divorce and family issues in Wilmington, North Carolina. We put clients’ needs first, and we are passionate about helping people through emotionally difficult times.
Experience – When dealing with family legal issues, you need someone with a proven track record. Sarah Gray and Justin Moulin have dedicated their careers to representing families. Sarah has more than 10 years of experience representing clients, while Justin has worked in multiple counties in North Carolina and has focused on custody and child support actions, protective order hearings, alimony claims, property division, and divorce.
Case review – You can have peace of mind when you discuss your needs with us. We will review your circumstances and goals. In this discussion, we can create a plan for you and determine your challenges and opportunities. Fill out our online form to schedule a case evaluation.

Questions or Schedule An Appointment?

Call (910) 769-7339

Related Practice Areas

View All Practice Areas

What Our Clients Are Saying

Client Review | Wilmington, NC 28401 | Speaks Family Law
  • I was very pleased with the way that Speaks Family Law handled my case. They worked hard to get the most money that they could. Everyone at the firm was always polite and always answered all of my concerns. I would definitely recommend Speaks Family Law to anyone who needs representation. I always knew that they were there anytime I needed them. A big “Thank you!” goes out to all of the people who are involved with the firm.

    - KE -

  • “She was amazing, she was able to give me the information I needed and was straight forward about what was possible regarding my son. She has made me feel confident in knowing that father’s have just as much legal rights to kids as moms. If I need legal help regarding anything further I will be contacting her again for sure.”

    - D. L. -

  • It was a very helpful experience and I am especially grateful for the way they answered my questions and helped me navigate what would have been a much more difficult situation. I felt that my interests were fought for and taken care of and would hightly recommend anyone who might go through this to be respresented by Speaks Law Firm, PC Family Law Division.

    - S.H. -

View More Testimonials

Questions or Schedule An Appointment?

Call (910) 769-7339

Speaks Law Firm, PC Family Law Division is a nationally recognized firm

The National Trial LawyersRated By Super LawyersAvvo Rating 10.0

Questions or Schedule An Appointment?

Call (910) 769-7339

Related Blogs And Videos

At Speaks Law Firm, PC Family Law Division, we provide you with multimedia educational resources to help you become informed regarding your Family Law situation. We invite you to explore our library of articles and videos. The better you understand the factors in your case, the more effectively we can work together towards your goals.

Related Blogs

All Blogs

Frequestly Ask Questions

FAQS About Protective And Restraining Orders

Below are some frequently asked questions about Protective and Restraining Orders:

What is a domestic violence protective order?

North Carolina law recognizes a few different types of protective and restraining orders. The most common protective order is a domestic violence protective order (DVPO). This civil restraining order can protect victims of domestic violence by prohibiting their perpetrators from coming into contact with them and completing other acts.

You may be eligible to file a DVPO against someone with whom you have a personal relationship who has committed domestic violence. This person may include:

  • A current or former spouse
  • A person you have cohabitated with
  • A relative, such as a parent, child, or grandparent
  • A household member
  • A person with which you are in a dating relationship
  • Our protective and restraining orders attorney can help you through the DVPO process.

How do you obtain a DVPO?

To file a DVPO, you must complete paperwork at the clerk of court’s office. You can obtain this paperwork from the clerk’s office, through a domestic violence program, or from a protective and restraining orders attorney. Your attorney can help you complete the paperwork if desired.

There is no filing fee for DVPO petitions. Once you submit the petition, the court will review it to determine the necessity of a DVPO.

If you do not have a qualifying relationship for a DVPO, you can file a no-contact order instead. Your protective order lawyer can assist you in determining the right protective order and filing the petition with the court.

What do protective orders do?

A DVPO can require a perpetrator to complete or refrain from a range of actions. These orders can:

  • Prohibit the perpetrator from contacting you or entering your dwelling
  • Grant you temporary custody of a shared child
  • Prohibit the perpetrator from purchasing a firearm
  • Order spousal support or child support
  • Order the perpetrator to complete an abuser treatment program
  • Direct the perpetrator to refrain from abusing, harassing, threatening, or following you

How long do protective orders last?

Protective orders last for up to one year. You can renew your order if you have “good cause.”

Our Wilmington family law attorneys at Speaks Law Firm, PC Family Law Division can help you navigate protective and restraining orders while keeping your family’s safety as the top priority. If you’re looking for a domestic violence lawyer near, contact us today at (910) 769-7339 to schedule your case review.

View All FAQs

Questions or Schedule An Appointment?

Call (910) 769-7339

Hours of Operations

Open: Mon - Fri: 8:30AM - 5:30PM

We focus on each case like it is our only case. We thrive on finding creative, comprehensive and effective ways to exceed client expectations. We adhere to the highest standards of ethical conduct.
© Copyrights 2024. Speaks Law Firm, PC Family Law Division. All Rights Reserved.

This website and the information contained here within is provided by Speaks Law Firm, PC Family Law Division as a service to clients and friends. It is not intended to be a solicitation or to render legal advice. Contained in the website is information about legal issues and legal developments. Content provided is for informational purposes only and may not reflect the most current legal developments. The content is not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Use of this website or the information provided by this website, including contacting one of our attorneys, does not create an attorney-client relationship between you and the firm. Prior to the acceptance of a new client or matter, the firm must conduct a search for possible conflicts of interest (already representing another party involved in the matter), and obtain a signed engagement letter. This website should not be used to provide confidential information about a legal matter. This website may provide links to third-party websites. Such linked websites are not under the control of Speaks Law Firm, PC Family Law Division and the firm assumes no responsibility for the accuracy of the contents of such websites.

Call Us
Email Us
chevron-down Skip to content