Maybe.
Have you found yourself as a defendant in a Domestic Violence Protective Order in Raleigh? You have two options:
- Consent to the petition; or
- Fight it.
There are benefits and risks to both.
Consent: A consent means you agree to not have contact with the person who filed the petition against you. This might be an ex who you no longer want anything to do with, or a current spouse. A consent order is good for one year, and will likely limit your ability to possess firearms (although there are some very minor exceptions). Most defense attorneys will ask the plaintiff to agree to no findings of fact on the order. Findings of fact are what the plaintiff alleges happened.
Findings of fact can come back to haunt you. If you have a criminal charge pending, findings of fact in a court order can be used against you in criminal court. They can also be used to file criminal charges if you’ve not yet been charged. If you do not share children with the plaintiff or a home, and you have no need or intention of having the plaintiff in your life anymore, a consent order might be appropriate.
Hearing: A hearing means you are fighting the complaint. Essentially, you will have a trial in front of a judge (no jury). The plaintiff will put on their evidence and call any witnesses; you will then have a chance to call witnesses and testify. If you do not have firearms nor intend to have any, and you have no reason to speak or see the plaintiff ever again, a hearing might be more appropriate. However, if you do have criminal charges pending, it’s best not to have a hearing or at least put off the hearing until your criminal case is finished.
If you have children with the plaintiff, you may want to handle your case in family court. Your family attorney will best be able to answer any questions you may have about that.
If you are wondering if you should fight a restraining order in Wake County, contact William Pruden at 919-880-2124 for a free consultation.
