In North Carolina, a civil restraining order is known as a “domestic violence protection order” or “no-contact order.” A domestic violence protection order (DVPO) falls under Chapter 50B; a no-contact is under Chapter 50C. Both are free to file.
Has someone filed a 50B or 50C against you? The worst thing you can possibly do is ignore it — this could have significant collateral consequences. Unfortunately, because it is a civil matter, you do not have the right to a court-appointed attorney when defending a restraining order. You can represent yourself or hire an attorney. You may not hire a friend or a non-lawyer to act on your behalf.
It’s best to speak to an attorney because although 50Bs and 50Cs are civil matters, you could be charged in criminal court based on what is said on the record. Moreover, if you have a pending criminal charge, anything said in civil court can be used against you in criminal court. A restraining order lawyer can advise you on whether you should consent to the order, fight it, or make a motion for continuance until after any criminal proceedings are finished.
If you choose to fight the DVPO or no-contact, you will have a hearing in front of a judge in courtroom 5A at the Wake County Courthouse at 316 Fayetteville Street in Raleigh. You must be present at 9 a.m. on your designated court date — do not be late. Depending on the docket, your case might not be heard that day. Cases with an active order take precedence, as well as older cases. You might also be able to ask for continuance depending on the age of the case.
A hearing is just like a trial. The plaintiff (the person who filed the order) will testify first, and then call any witnesses. You, or your attorney if you have one, will have the chance to cross-examine the plaintiff and any witnesses. You then get to take the stand and testify, and call any witnesses. The rules of evidence apply in a hearing, and therefore it’s important to have a lawyer.
When children are involved, the court may also make a temporary decision on child custody, but the judge will recommend you ultimately resolve custody issues in the family court. If there’s already a custody order in place, the protective order might be heard in front of your designated family court judge. Contact your family attorney if your former spouse or children’s parent has filed against you.
Contact Attorney William Pruden at 919-880-2124 for a free consultation.