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.

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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.

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