Wilmington Restraining Order Lawyer

Wilmington Restraining Order Attorney

Intimate partner violence, stalking, and harassment are serious issues that may cause a person to experience fear, confusion, and social withdrawal. Seeking out a Wilmington restraining order lawyer is one of the first things you can do if you are suffering abuse from a former partner or a person you interact with at your place of employment.

The skilled Wilmington criminal defense attorneys at The Shotwell Law Group PLLC understand how stressful it can be to make decisions while you are suffering from verbal, physical, or psychological abuse. Our team is prepared to help you through all the steps you need to take to obtain a restraining order from someone who is abusing you. You can take action to protect yourself and your family members from a dangerous person.

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The Types of Restraining Orders in North Carolina

Restraining orders exist to help victims protect themselves from an abuser. The provisions of a restraining order may forbid an offending party from being physically near or contacting the person seeking a restraining order. Petitioners typically seek restraining orders in cases involving domestic violence, stalking, unwanted contact, and severe harassment. The three varieties of restraining orders in North Carolina include the following: 

• Civil No-Contact Order (50C)
• Domestic Violence Protective Order (50B)
• Workplace Violence Order

The relationship you have with an abuser will dictate which type of protective order you should obtain. All of the orders listed above can remain in effect for one year. Also, the one-year period is renewable to ensure further protection from an abusive individual. A 50B domestic violence restraining order requires that the party seeking the order have a relationship with the offending party. However, a civil no-contact order does not require a personal relationship.

To obtain a workplace violence order, two requirements must be satisfied. First, an employer in North Carolina must be named. Second, an employee must have experienced bodily injury, harassment, or threats of injury at the place of employment. Working with an attorney can help you determine which type of restraining order you should seek.

How to File for a Restraining Order Under North Carolina Law

Filing for a restraining order in Wilmington, NC, is often necessary as soon as possible to protect the filing party’s safety and ensure their family members remain free from harm. A temporary restraining order can be granted by the court on the same day the individual files a petition. The petitioner can complete the forms at the Clerk of Courts in the county where they reside.

Next, the petitioner will present their filing to the court. Once the petition is granted, the order is effective and will remain so until the permanent order hearing, which is typically scheduled within 10 days of the petition’s filing. Lastly, a law enforcement officer will serve the restrained party, usually within one to two days of the court granting the order.

The Primary Reasons to Hire a Restraining Order Lawyer

You should hire a restraining order attorney to ensure that you are taking every precaution necessary to protect yourself from the person who abused you. An abusive person may use the legal system to try to cause further harm to you or your reputation, and if you have a legal advocate, you can protect yourself without feeling re-victimized and targeted.

Retaining legal counsel will also allow you to share everything about your previous interactions with your abuser and have these communications protected by the attorney-client privilege. An attorney can also advocate for you at hearings related to a permanent restraining order. Working with a lawyer will also communicate to your abuser that you are serious about protecting your legal rights and your liberty.

Statistics Related to Restraining Orders in North Carolina

In 2024, 155 individuals were victims of domestic violence-related homicide in North Carolina. By December 31, 2015, the state of North Carolina submitted 1,800 domestic violence and 136 active protective order records to the NICS index. Understanding statistical data can help you feel less isolated and fearful as you take steps to protect your life from an abuser.

FAQs About Wilmington Restraining Order Law

How Much Does It Cost to Hire a Lawyer for a Restraining Order?

The majority of attorneys will charge an hourly rate for a restraining order case in North Carolina. You can speak to a lawyer about their hourly rate and determine if you can work out a mutually agreeable fee arrangement. Having legal representation during this difficult time does not have to be financially burdensome, and you can get one step closer to obtaining peace of mind and safety.

Do I Need a Lawyer if I Get a Restraining Order?

Under North Carolina law, you do not need an attorney to obtain a temporary restraining order (TRO) or a domestic violence protective order (DVPO). You can file the petition on your own, but it is beneficial to have an attorney represent you as you seek to protect yourself and your family members. Your abuser may have legal representation, and this can complicate the enforcement of your protective order.

Is Filing a Restraining Order Worth It?

Yes, filing a restraining order is worth it because you can obtain peace of mind and have a paper trail if your abuser contacts you or seeks to violate the provisions contained in the restraining order. Your safety is paramount, and by filing a restraining order, you are taking advantage of North Carolina laws designed to protect you and your loved ones.

What Is the Quickest Way to Get a Restraining Order?

Individuals who file a petition for a restraining order, also known as a temporary restraining order (TRO), can receive one the same day they file the petition. The court schedules a hearing on a permanent restraining order within 10 days of issuing the temporary restraining order (TRO). A domestic violence protective order (DVPO) can also be granted the same day a petition is filed.

Contact a Restraining Order Attorney in Wilmington Today

The attorneys at The Shotwell Law Group PLLC work with clients every day in cases involving restraining orders. Our team can help you determine the next steps you need to take if you are seeking to obtain or enforce a restraining order. Contact our office today to schedule a consultation to discuss the facts of your case. We are here to help you in your time of need.