A domestic violence allegation can disrupt your life in an instant. One moment you’re at home having an argument, and the next you face accusations, receive court papers, and may have to leave your residence.
In recent years, the North Carolina Coalition Against Domestic Violence reported that people filed more than 70,000 protective orders statewide, showing how common and overwhelming these situations are.
Mostly, people get their first protective order before they even have a chance to share their side, leaving them confused about what the order means for their home, job, and access to their children. Protective orders are served fast in North Carolina, and the decisions made in these first few days can shape your case completely.
This is when a trusted North Carolina domestic violence defense lawyer becomes crucial, as they provide clear guidance to help you understand your rights and take steps to protect your future. Whether you need protection or defense against allegations, Martine Law helps you regain clarity and stability.
Speak with us today to understand how a protective order may affect your case!
Understanding What a Protective Order Can Actually Do
A protective order, commonly known as a 50B order, is a civil court order designed to protect someone who claims to be a victim of domestic violence. Many people don’t realize that courts can grant these orders very quickly, sometimes without your presence in court.
The North Carolina Court system allows a protective order to impose several restrictions. This means that even before you have the chance to defend yourself, you may be ordered to:
- Stay away from the alleged victim.
- Cease all forms of communication.
- Leave a shared residence.
- Stay away from your children’s school or daycare.
- Pay temporary child support.
- Surrender firearms
- Attend treatment or counseling.
These orders are not suggestions; they are legally enforceable. Violating the order—even accidentally- can lead to criminal charges.
That’s why you must contact a domestic assault attorney in North Carolina as soon as possible. Even a small misunderstanding—such as accidentally sending a text, sharing a space, or posting on social media—may violate the order.
Types of Protective Orders and What They Cover
North Carolina has specific protective orders for domestic violence, each designed for different needs and timelines. Here’s a quick breakdown:
| Protective Order Type | Duration | Purpose | Issued By |
| Domestic Violence Protective Order (DVPO) | Up to 1 year after hearing | Shields from abuse or threats by household members, like spouses or ex-partners | Court |
| Emergency Protective Order (EPO) | 48 hours | Quick safety after an incident | Law enforcement or a magistrate |
| Pretrial Protective Order (PPO) | Through the criminal case | No contact during court proceedings | Court |
Chapter 50B of the General Statutes outlines North Carolina’s domestic violence laws, defines domestic violence, and governs protective orders.
Facing one of these? Our team at Martine Law can explain exactly what applies to you and how to respond. Schedule a one-on-one consultation with us today!
When a Protective Order Is Filed, What Happens First?
Most people don’t realize how fast things move. In North Carolina, someone can ask the court for protection without their presence. This is called an ex parte order, a temporary order issued based only on the accuser’s statement. This is often the moment panic sets in. But here’s what’s important: An ex parte order is temporary. You still have the right to a hearing where your side is heard. The court schedules that hearing quickly, usually within 10 days. This is your first real chance to protect yourself, correct misunderstandings, and get legal help before anything becomes long-term.
How do protective orders impact criminal charges?
In many domestic violence cases, protective orders run parallel to criminal charges, such as:
- Assault on a female
- Simple assault
- Communicating threats
- Injury to personal property
- Harassment or stalking
A protective order doesn’t automatically mean the court will convict you of a domestic violence crime, but it does create a legal record that judges take seriously.
Understanding What the Court Looks At
Judges in domestic violence cases weigh several factors before deciding whether to issue or extend a protective order. They typically consider:
- The relationship between the parties
- Any alleged threats or physical harm
- Evidence of harassment, intimidation, or stalking
- Prior incidents (if any)
- Credibility and consistency of statements
- Whether children were present or affected
Because domestic violence accusations often happen during emotional, tense moments, judges know they must sort through conflicting stories. The way you organize and present your evidence can change the outcome.
The right domestic assault attorney at Martine Law in North Carolina helps you present the fuller picture to the court, not the moment of conflict taken out of context.
If You’ve Been Served, Here’s What You Should Do First
Taking the right steps early can prevent a difficult situation from getting worse. Here’s what helps most:
Even if someone makes false or exaggerated allegations against you, you must legally follow the order until your hearing. If you ignore or bend the rules, you only create additional charges that make your defense more challenging.
2. You Will Get a Hearing Date
This hearing usually occurs within 10 days. This is your chance to tell your story, present evidence, bring witnesses, and show the judge what really happened.
3. You Should Not Contact the Accuser
- No texts.
- No calls.
- No messages through friends.
- No social media.
Even if you intend normal communication, the court can file criminal charges against you.
4. Your Lawyer Begins Preparing Your Defense
At Martine Law, our expert team of lawyers immediately begins:
- Reviewing the allegations
- Digging into the evidence
- Identifying inconsistencies
- Preparing your testimony
- Ensuring your side of the story is heard
This hearing is critical, but with thorough preparation and support, you can help shape a positive outcome. It may influence future criminal charges, child custody matters, and even your employment opportunities.
If You’ve Been Accused, What Should You Avoid Doing?
Stress can push anyone into acting without thinking, but certain mistakes can hurt your case more than the accusation itself. Avoid:
- Reaching out “just to talk things out.”
- Messaging through friends or family
- Posting about the situation online
- Trying to explain yourself directly to the accuser
- Ignoring court dates
- Staying in a shared home after you’re ordered to leave
Each judge pays close attention to how you conduct yourself after being served. Respecting the order, even if it feels unfair, shows maturity and control, which enables your attorney to build the strongest possible defense for you.
The Difference a Trusted Domestic Assault Attorney in North Carolina Can Make!
A protective order, especially when your reputation, relationships, and home life are on the line, can leave you exhausted. At Martine Law, we protect your rights with a strategic, compassionate approach that helps you regain control over your situation.
Without an attorney:
- You may walk into a hearing unsure of what evidence matters.
- Deadlines come fast, and it’s easy to feel overwhelmed or unheard.
- Misunderstandings or inconsistent claims often go unchallenged.
- You’re left trying to protect your home, reputation, and parental rights on your own.
With Martine Law:
- We challenge the evidence and expose weak or exaggerated claims.
- We gather witness statements, timelines, and digital records to strengthen your case.
- You receive a personalized defense strategy built around your story—not assumptions.
- Our deep knowledge of NC law and local courts guides every decision.
- You have a full legal team working behind you, not just one attorney.
- We offer 24/7 client support so you never feel in the dark.
- Above all, we show genuine care and commitment to your future.
We’re here to help you find the path forward with clarity, strength, and experienced legal guidance. Speak with a North Carolina domestic violence defense lawyer who listens to your story, understands what you’re going through, and knows exactly how to protect your rights.
Reach out to Martine Law today to get guidance and 24/7 support!