Challenging an Order of Protection in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”


Most everyone can agree that violence against another person is wrong. North Carolina law has a system in place to protect those who have been abused at the hands of a spouse or partner through an order of protection. While orders of protection are excellent tools for people to feel secure and safe, they are not always warranted or correctly granted. Therefore, a defense attorney who is able to challenge an order of protection that may have been granted against you can help. Before you can challenge an order of protection, though, it is essential to understand what exactly an order of protection is and the types you might encounter.


Shield-Charlotte-Criminal-Defense-Protection-Order-Monroe-DWI-Attorney-300x300Types of Orders of Protection

In North Carolina, there are two types of orders of protection that can be issued to protect the abused individual.


Ex Parte Temporary Order of Protection

An ex parte temporary order of protection is what is sounds like – a temporary order against an alleged abuser to protect the abused. “Ex parte” means that the order of protection can be granted without the defendant’s consent, or even immediate knowledge. The order can be granted without all parties to the order being present. The person named in the order will be notified of the order after a court hearing.

The court must determine that there is danger of violence against the alleged victim, or a minor child. If the court determines that there is the threat of violence, the order of protection can be granted. The order can be a temporary order for custody of a minor child or for the alleged abused to stay away from the parties listed on the order.

The order lasts until a full court hearing can take place. Usually, a hearing will take place within 10 days of the ex parte order being granted. The order is immediately enforceable upon service to the alleged abuser.


Domestic Violence Protective Order

The second type of order of protection can be issued after a full court hearing with both parties present. This type of order is often known as a DVPO, restraining order, or no-contact order.  The order can be to prevent contact between parties, tell the alleged abuser to refrain from acts of domestic violence, decide custody arrangements, order child/spousal support payments, decide who is able to stay at a residence, and a number of other decisions. The order can last up to one year, or longer, but only in exceptional circumstances.

It may seem like there is no defense if an order of protection has been issued against you. This is simply not true. There are many instances in which the alleged abuser is actually innocent. False allegations, wrong identifications, and self-defense are just a couple of the defenses an attorney might use to get the order lifted. The criminal defense attorneys at Arnold & Smith, PLLC can help you. We understand that sometimes orders of protection are not warranted and will work tirelessly to clear your name. Contact us today for a consultation.


As you can see above, there are subtle differences between different types of orders of protection. For this reason, if you have been charged with any of the above, you need an attorney who understands the differences between these similar charges on your side. The skilled attorneys at Arnold & Smith, PLLC are dedicated to getting you the best possible results under the circumstances. Hire an attorney who pays attention to the details, an attorney at Arnold & Smith, PLLC.  Please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here.







The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.





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