Protecting the Rights of Individuals Facing Restraining Orders
If you have been served with domestic violence or civil no-contact protective order and are required to appear for a hearing, it is imperative to speak with a lawyer to guide you through the matter. These types of orders could affect whom you can have contact with, where you can go, and whether you can maintain custody of your children. When you attend a court proceeding to fight the order, you must provide evidence that challenges the alleged victim’s claims.
At Floyd Law Offices, our attorney is ready to provide the legal help you need to defend order against you. We have extensive experience handling various criminal law matters, and we know how to present compelling arguments in court to seek favorable outcomes in these kinds of cases.
To discuss your situation during a free, confidential consultation, call us at (919) 805-3663.
Types of Protective Orders
In North Carolina, different types of protective orders include:
Domestic Violence (50B), which could result in the individual being evicted from their home, required to make child or spousal support payments, restricted from contacting the alleged victim by phone or in person, prohibited from purchasing a firearm, and required to attend a treatment program.
Civil no-contact (50C), which could restrict an individual from contacting the alleged victim by phone or in person at the home, school, workplace, or other areas where they are present. A 50C order can be temporary or permanent.
Some alleged victims might have nefarious reasons for pursuing this type of legal action and may file a false claim for protection. Unfortunately, courts tend to err on the side of caution when granting a protective order request, which means you may be subject to restrictions based on bogus allegations.
Our lawyer will look at every detail of your case to gather evidence and prove that the alleged victim does not have a reason to obtain a protective order.
Retain the Services of an Aggressive Advocate
A court granting a protective order issued against you could have substantial impacts on your life. At Floyd Law Offices, we will leverage our knowledge and skills to contest the allegations made by an alleged victim and work toward a favorable result on your behalf.
Our Raleigh protective order defense attorney has extensive trial experience and is a competent litigator who knows how to cross-examine witnesses and uncover inaccuracies in their claims.
FAQs Section: Frequently Asked Questions About Protective Orders in Raleigh
1. What should I do if I’ve been served with a protective order?
If you’ve been served with a protective order, it's crucial to take immediate action. Here are the steps you should follow:
Read the Order Carefully: Understand the specific terms and restrictions placed upon you, such as limitations on contacting the petitioner, restrictions on where you can go, or requirements to surrender firearms.
Comply with the Order: Even if you believe the order is unjustified, it’s essential to comply with its terms. Violating the order can lead to criminal charges, including arrest or contempt of court.
Seek Legal Representation: Contact a knowledgeable attorney immediately to discuss your rights and options. At Floyd Law Offices, we can help you understand the implications of the order and prepare a defense strategy for your upcoming hearing.
Gather Evidence: Start collecting any evidence that may help in your defense, such as text messages, emails, witness statements, or any other documentation that can refute the petitioner’s claims.
2. What happens if I violate a protective order?
Violating a protective order is a serious offense that can lead to significant legal consequences, including:
Criminal Charges: A violation can result in criminal charges, which may lead to fines, probation, or even jail time.
Contempt of Court: You may be held in contempt of court, which can carry additional penalties such as fines or incarceration.
Impact on Future Legal Proceedings: Violating a protective order can negatively affect any ongoing legal matters, such as child custody or divorce proceedings, as it may be seen as an inability to follow court orders.
Difficulty in Defense: A violation can weaken your defense against the original order, making it harder to argue that the order is unnecessary or unfounded.
To avoid these severe consequences, it’s vital to strictly adhere to the terms of the protective order and seek legal counsel to help navigate your options.
3. How long do protective orders last?
The duration of a protective order can vary depending on the type of order and the circumstances of the case:
Temporary Protective Orders: In North Carolina, an emergency or ex parte protective order can be issued without your presence in court and typically lasts up to 10 days, or until a full hearing can be held.
Final Protective Orders: After a hearing where both parties have the opportunity to present their case, the court may issue a final protective order, which can last up to one year. In some cases, the petitioner may request a renewal of the order, which can extend its duration.
Permanent Protective Orders: Although less common, some protective orders may be issued for an indefinite period, particularly in severe cases involving ongoing threats or violence.
It’s important to understand the specific timeline and conditions associated with your protective order. Consulting with an attorney at Floyd Law Offices can help you determine the best course of action to either contest or comply with the order.
