Protective orders, also known as domestic violence protective orders (DVPOs), are designed to keep individuals safe from threats or abuse. In North Carolina, either spouse can request a protective order if they fear harm or harassment. But what happens when both spouses file protective orders against each other?
At Martine Law, we guide clients through complex domestic situations like this. Below, we explain how courts handle these cases and what you should know about your legal rights.
Filing a DVPO in North Carolina
A DVPO can include provisions such as:
- No-contact orders
- Exclusive possession of a home
- Temporary custody of children
- Restrictions on communication
To obtain a DVPO, each spouse must present evidence showing why the order is necessary. A judge reviews each case individually, even if both spouses file at the same time.
When Both Spouses File Against Each Other
When both spouses request protective orders, the court examines each petition separately. This means:
- Both parties may need to attend separate hearings.
- Each spouse must prove their case independently.
- The court may issue two protective orders, one against each spouse, or deny one or both.
Judges focus on the evidence, such as police reports, text messages, witness statements, and testimony. The goal is to determine whether abuse or threats occurred and whether protective orders are justified.
Temporary vs. Final Orders
When someone files a DVPO, the court may first issue a temporary (ex parte) order without a full hearing. These temporary orders last until a full court hearing, usually within 10 days.
If both spouses file for protective orders, the court may issue temporary protections to both until the evidence is reviewed at the hearing. At that point, the judge will decide whether to grant final orders.
How Protective Orders Affect Daily Life
If two protective orders are issued, both spouses must follow strict guidelines. These can include:
- Living separately and avoiding contact
- Following custody and visitation schedules for children
- Restrictions on entering certain locations or communicating online
Violating a protective order is a criminal offense in North Carolina, even if both parties agreed to ignore the restrictions.
Legal Complications to Consider
Cases where both spouses file protective orders often involve complicated evidence and strong emotions. Some issues that can arise include:
- Custody disputes: Protective orders can impact parenting time and decision-making.
- Mutual no-contact orders: These can make communication difficult, even for co-parenting.
- Criminal charges: If domestic violence is alleged, one or both parties may face criminal prosecution.
This is why working with an experienced family law attorney is essential. At Martine Law, we help clients navigate these challenges while protecting their safety and rights.
Steps to Take if This Happens
If you and your spouse have filed protective orders against each other, you should:
- Hire an attorney immediately: You need strong representation to present your side effectively.
- Gather evidence: Keep records of any incidents, communications, and witnesses.
- Follow all court orders: Even if you disagree with the terms, violating them will hurt your case.
- Consider mediation: If safe, mediation can help resolve disputes without escalating legal action.
Talk to a North Carolina Family Law Attorney Today
If you and your spouse have filed protective orders against each other, legal guidance is critical. Our attorneys can help you understand your rights, present your case, and protect your safety.
Call Martine Law today at 704-842-3411 or contact us online to discuss your options.
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