At Marshall & Taylor PLLC, we understand that restraining order cases require both legal expertise and compassion. Jeffrey Marshall is board-certified in family law by the North Carolina State Bar, bringing deep knowledge and experience to every case we handle. With years of experience representing clients in protective order hearings throughout Raleigh and Wake County, we’ve built a reputation for thorough preparation and effective advocacy.
Our clients trust us because we listen to their concerns, explain their options clearly, and fight for their interests. We represent both individuals seeking protective orders and those defending against them, giving us a comprehensive understanding of all perspectives in these sensitive cases. When you work with Marshall & Taylor PLLC, you get a team that’s available when you need us and dedicated to protecting your rights.
Understanding Restraining Orders In North Carolina
North Carolina recognizes two main types of restraining orders, each serving different purposes and situations. A Domestic Violence Protective Order, commonly called a 50B order, protects individuals from abuse by someone with whom they have a personal relationship. This includes spouses, former spouses, people living together, people with a child in common, or people in a dating relationship. A 50B order can prohibit contact, require the abuser to leave a shared home, and address custody of children.
A Civil No-Contact Order, known as a 50C order, protects individuals from harassment, stalking, or threats by someone with whom they don’t have a personal relationship. This might include a coworker, neighbor, or acquaintance. While 50C orders don’t address custody or living arrangements, they effectively prevent unwanted contact and can include provisions about location restrictions.
Key Differences Between Order Types
The main difference between these orders lies in who can file and what the order can address. A 50B order requires a personal relationship between the parties and can include custody arrangements, child support, and property issues. A 50C order applies to any situation involving harassment or threats, regardless of relationship status, but focuses solely on preventing contact and unwanted behavior.
Understanding which type of order applies to your situation is crucial. The burden of proof also differs slightly between the two. For a 50B order, the court must find that domestic abuse occurred by a preponderance of the evidence. For a 50C order, the court must find that the respondent engaged in conduct constituting harassment or stalking. An experienced restraining order attorney can help you understand which order fits your circumstances and how to proceed.
The Restraining Order Process
The process begins when someone files a complaint with the district court in the county where they live or where the abuse occurred. In Raleigh and Wake County, you can file at the courthouse or through the clerk’s office. There are no filing fees for protective orders, making them accessible to everyone regardless of financial circumstances. You don’t need an attorney to file, but having legal representation significantly strengthens your case.
When you file, you’ll provide details about the abuse or harassment you’ve experienced. Be specific about dates, times, and what happened. Include any witnesses who can support your account. If you’re filing for a 50B order, explain your relationship to the respondent. For a 50C order, describe the harassment or stalking behavior. The more detailed and organized your complaint, the stronger your position at the hearing.
Ex Parte Hearings and Emergency Orders
If you’re in immediate danger, you can request an ex parte protective order. This is an emergency order issued without the other person present. The judge reviews your complaint and decides whether to grant temporary protection. According to N.C.G.S. § 50B-2, ex parte orders remain in effect until a full hearing is held, which must occur within 10 days of issuance or 7 days after service on the respondent, whichever is later, giving you immediate protection while the case proceeds to a full hearing.
At the ex parte hearing, you’ll explain your situation to the judge. You don’t need extensive evidence. The judge only needs to find that you have a reasonable fear of abuse or harassment. This lower standard exists because the order is temporary, and the other person will have a chance to respond at the full hearing. If the judge grants your ex parte order, it takes effect immediately, and the respondent will be served with notice of the full hearing.
Full Hearing and Evidence Presentation
The full hearing typically occurs within 10 days of the ex parte order. Both you and the respondent can present evidence and testimony. You’ll explain what happened, and the respondent has the right to tell their side of the story. The judge may hear from witnesses, review documents, and consider any evidence either side presents.
At the full hearing, the burden of proof is higher than at the ex parte stage. The judge must find by a preponderance of the evidence that abuse or harassment occurred. This means the judge must believe your account is more likely true than not. If the judge agrees, they’ll issue a final protective order, typically lasting one to two years. You can renew the order before it expires if you continue to need protection.
Defending Against A Restraining Order
If someone has filed a restraining order against you, you have the right to defend yourself. Many people don’t realize they can challenge the allegations and present their own evidence. The respondent in a protective order case has the same right to be heard as the person seeking the order.
Common defenses include showing that the allegations are false, that the conduct didn’t constitute abuse or harassment under North Carolina law, or that the relationship doesn’t fit the definition required for a 50B order. You might present witnesses who can testify about your character or contradict the allegations. You can also present evidence showing that you didn’t engage in the conduct described.
Having an attorney defend you is important because the process can be confusing, and mistakes can result in an order against you. An attorney knows how to cross-examine the other party’s witnesses, present evidence effectively, and argue the law in your favor. If a protective order is issued against you, it becomes part of your record and can affect employment, housing, and custody arrangements. Violating the order can result in criminal charges.
How Marshall & Taylor PLLC Can Help
Whether you’re seeking protection or defending against an order, Marshall & Taylor PLLC provides experienced legal representation tailored to your situation. We start with a thorough case evaluation, listening to your account and explaining how North Carolina law applies to your circumstances. We’ll help you gather evidence, prepare witnesses, and develop a strategy that protects your interests.
For clients seeking a protective order, we help you present your case clearly and persuasively to the judge. We gather evidence of abuse or harassment, prepare you for testimony, and ensure your rights are protected throughout the process. We understand the emotional difficulty of these cases and provide support every step of the way.
For clients defending against an order, we challenge the allegations and present your side of the story. We cross-examine witnesses, present evidence in your favor, and argue the law to protect you from an unjust order. We work to ensure the court hears your perspective and understands the full context of the situation.
Throughout your case, we keep you informed about what’s happening and what to expect next. We answer your questions, address your concerns, and provide the guidance you need to make informed decisions about your case. Our goal is to achieve the best possible outcome while treating you with respect and professionalism.
Frequently Asked Questions About Restraining Orders
How long does a restraining order last in North Carolina?
A final protective order typically lasts for one to two years. However, you can renew the order before it expires if you continue to need protection. To renew, you file a new complaint and attend another hearing. The court will consider whether the threat of abuse or harassment continues to exist. Many people renew their orders multiple times if the danger persists.
What happens if someone violates a restraining order?
Violating a protective order is a criminal offense in North Carolina. If the respondent contacts you, comes near you, or violates any condition of the order, you can call the police and file a report. According to N.C.G.S. § 50B-4.1, the violation can result in criminal charges, fines, and jail time. If you experience a violation, document it carefully and contact law enforcement immediately. An attorney can also help you pursue additional legal remedies.
Do I need an attorney to file for a restraining order?
You don’t legally need an attorney to file for a protective order, but having one significantly improves your chances of success. An attorney helps you present your case clearly, gather supporting evidence, and respond to the respondent’s arguments. The court process can be intimidating, and mistakes in how you present your case can hurt your position. An experienced restraining order attorney knows how to build a strong case and advocate effectively for you.
Can a restraining order be modified or dismissed?
Yes, a protective order can be modified or dismissed. The respondent can request a hearing to challenge the order, and the court will reconsider the evidence. If circumstances change, for example, if the threat of abuse ends, either party can ask the court to modify or dismiss the order. The court will hold a hearing and decide whether the order should continue, be changed, or be dismissed based on current circumstances.
What is the difference between a 50B and 50C order?
A 50B Domestic Violence Protective Order applies when there’s a personal relationship between the parties, such as spouses, former partners, or people living together. A 50C Civil No-Contact Order applies to situations involving harassment or stalking by someone you don’t have a personal relationship with. A 50B order can address custody and living arrangements, while a 50C order focuses on preventing contact. The person filing must have a personal relationship with the respondent to get a 50B order.
How much does it cost to file for a protective order?
There are no filing fees for protective orders in North Carolina. You can file for free at the district court in your county. However, if you hire an attorney to represent you, you’ll pay attorney fees. Many attorneys offer free consultations to discuss your case and explain the costs involved. Some offer payment plans to make legal representation more affordable.
What evidence do I need for a restraining order hearing?
The type of evidence you need depends on your situation. For a 50B order, you need evidence of abuse, which can include your testimony, witness statements, medical records, photographs of injuries, police reports, text messages, emails, or other documentation of the abuse. For a 50C order, you need evidence of harassment or stalking, such as unwanted messages, calls, or contact. Written documentation is particularly helpful because it provides objective proof of what happened. An attorney can help you gather and organize evidence effectively.
Contact Marshall & Taylor PLLC Today
If you’re facing a restraining order situation in Raleigh or Wake County, don’t navigate it alone. Marshall & Taylor PLLC is ready to help you understand your options and protect your rights. Call (919) 833-1040 today to schedule a free consultation with an experienced restraining order attorney. We’re here to answer your questions, explain the process, and help you move forward with confidence.