Fayetteville NC Restraining Order Lawyer
In North Carolina, restraining orders (also known as protective orders) can be issued to protect victims of domestic violence or harassment, or those who have received threats of bodily harm.
The defendant must then stay a certain distance away from the victim as issued in the order. Restraining orders may also lead to other legal consequences like modification of child custody and visitation orders.
Helping You Navigate Protective Orders
At Blackwell & Edwards, we have experience protecting the victims of domestic violence through restraining orders in Fayetteville, Fort Bragg, and Cumberland County.
If you’re in danger of violence, it’s important to act quickly and secure counsel to protect yourself and your loved ones. Know also that sometimes, restraining orders can be misused with the goal of intimidating or harassing.
If you’re a wrongfully accused defendant, talk to us as soon as possible about defending against an unjust restraining order.
How to Get a North Carolina Restraining Order
1. Fill Out Paperwork And Give To The Clerk Of Court
If you meet the qualifications for a restraining order in North Carolina, you’ll need to fill out the Domestic Violence Protective Order paperwork and give it to the clerk of court.
In many counties in North Carolina, this needs to be done in person. There are some counties where you may be able to meet with the judge via videoconference. Your attorney or local domestic violence agency can guide you here.
2. Speak With A Judge
From there, a judge will have a conversation with you about the violence, assault, or harassment involved in your case.
If the judge decides your situation meets the criteria for a restraining order, they will issue a temporary restraining order. They will also set a date for a hearing.
3. Serve The Defendant
The sheriff’s department will then serve the defendant with the DVPO paperwork.
Only once that has happened can a hearing take place in order for the judge to issue a fuller one-year protective order.
If the sheriff isn’t able to serve the defendant by the initial hearing date, the hearing will be rescheduled for a later date.
4. Attend A Hearing
After the defendant is served, you and the defendant will both meet with the judge in court.
If both parties agree to the restraining order, it will be issued. The plaintiff, defendant, and judge will all sign the order and no trial is necessary.
If the defendant doesn’t agree, then a trial will be held. Each side will present evidence to help the judge determine if domestic violence did indeed happen.
At this stage, it makes sense to work with an attorney on resolving your restraining order. An attorney can help each side negotiate and come to a mutually acceptable agreement without going to court.
5. Agree To The Restraining Order
After all parties agree with the restraining order, or after a trial is held to decide the matter, the judge will issue a one-year restraining order.
After one year, you can request to renew the restraining order. If the judge agrees, they can renew the order for up to two years.
Helped with restraining orders so my daughter and I could feel safe
"I retained Tim Edwards for my case. I knew I was going to need someone on their A game and extremely skilled also full of knowledge of the laws for what and who I was going to be dealing with.
My ex husband was a former detective and had been in law enforcement for 12 years at the time of our separation. My ex let me know real quick that he knew his way around a court room and I would get what he saw fit to give me. Tim Edwards had his hands full when I came in to his office with my case.
Tim has went above and beyond for me and my daughter. He made sure we were given what we needed and deserved after the hell my ex put us through time and time again. He was always there when I had new incidents pop up. Whether it was late at night or on the weekends his office and him handled it. He knew exactly what we needed to do next to stop further things from happening. We were in court immediately and Tim has always been there and ready to move forward.
After a journey with my EX and some long days in trial. Tim did his job and more. He was on point with what we needed to get custody of my daughter and my divorce and the restraining orders I needed so my daughter and I could feel safe.
I was awarded SOLE PERMANENT CUSTODY and I am beyond pleased with Tim and his office. I constantly refer people to him and everyone calls me and thanks me because they get the results desired and deserved. He's the best and has been for several years. When people refer to him in court they say "he's a bulldog ". I will continue to use him and always tell people my story and how and what he did for my daughter and I. I am grateful that he was willing to take my case. Dealing with law enforcement can be a bit of a challenge."