Asheville Domestic Violence Restraining Orders Lawyer

When emotions run high in relationships, disputes can sometimes escalate into allegations of domestic violence. In North Carolina, these accusations are taken seriously, and one of the most common legal tools used in these situations is the domestic violence restraining order, also known as a 50B order. While restraining orders are intended to protect individuals from abuse or harassment, they can also have life-altering consequences for the person accused. At The Pritchard Firm in Asheville, we understand that these cases often involve complex personal dynamics, and our Asheville domestic violence restraining orders lawyer is committed to protecting our clients’ rights, reputations, and futures when faced with allegations that may or may not reflect the full truth.

What Is a Domestic Violence Restraining Order?

A domestic violence restraining order (DVRO) is a court order designed to limit or prohibit contact between two people when allegations of domestic violence have been made. In North Carolina, these orders fall under Chapter 50B of the General Statutes. A judge can impose a wide range of restrictions on the accused, which may include ordering someone to stay away from a residence, workplace, or school, prohibiting phone or electronic communication, or even requiring temporary surrender of firearms.

The process usually begins when someone—often a spouse, partner, or household member—files a complaint with the court. Judges may initially issue an ex parte order, which means the order is granted without the accused even being present in court. This order can immediately restrict your rights and freedoms, though it is temporary. Within about ten days, the court will hold a full hearing where both sides can present evidence, giving you the opportunity to challenge the order. The judge then decides whether to issue a longer-term restraining order that can last up to one year and may be renewed.

Who Can File for a DVRO?

Not every dispute qualifies as domestic violence under North Carolina law. To file for a restraining order, the person seeking protection must show they have a certain type of relationship with the accused. This includes:

• Current or former spouses
• People of the opposite sex who live or have lived together
• Parents and children or grandparents and grandchildren
• Individuals who have a child in common
• People who are or have been in a dating relationship

This relationship requirement is important because if the individuals do not fall into one of these categories, the case may fall under a different type of restraining order, such as a 50C civil no-contact order, which has different rules and standards.

Immediate and Long-Term Consequences of a DVRO

Many people underestimate just how disruptive and damaging a domestic violence restraining order can be. Even before a final hearing takes place, an ex parte order can suddenly change the course of your life. You might be ordered to move out of your home with little notice, lose access to your children, or be barred from contacting someone you care about.

If the court issues a one-year restraining order, the consequences can be even more severe and include:

• Housing restrictions – You could be prohibited from returning to your own home.

• Firearms – North Carolina law requires the surrender of firearms while a DVRO is in effect. This can be devastating for hunters, law enforcement personnel, or anyone whose livelihood depends on carrying a firearm.

• Employment implications – Having a restraining order on your record can impact job opportunities, particularly in fields requiring background checks or security clearances.

• Child custody – A DVRO can weigh heavily in custody proceedings and may affect your ability to spend time with your children.

• Reputation – Allegations of domestic violence, even without criminal charges, can harm your standing in the community, your relationships, and your future prospects.

These penalties exist even if the allegations are exaggerated, one-sided, or completely false. That is why it is crucial to have an experienced defense attorney who can challenge the evidence and protect your rights from the very beginning.

The Relationship Between DVROs and Criminal Charges

It is important to recognize that a restraining order is not the same thing as a criminal conviction, but the two are often closely connected. A DVRO is considered a civil order, but violating it is a criminal offense. If you are accused of contacting the protected person in violation of the order, you could face arrest, jail time, and a permanent criminal record.

Additionally, restraining orders are often filed alongside or in the wake of criminal charges such as assault, communicating threats, or stalking. Sometimes the restraining order is used strategically in divorce or custody cases. Because of this overlap, defending against a DVRO often means defending against potential criminal charges at the same time. The Pritchard Firm understands how these issues intersect and can develop a legal strategy that protects you on both fronts.

Defending Against a Domestic Violence Restraining Order in Asheville and Buncombe County

Every DVRO case is unique, and each defense must be tailored to the specific facts. At The Pritchard Firm, we take a thorough and strategic approach to building your defense, which may include:

1. Challenging the credibility of allegations – Courts often issue temporary orders based solely on one person’s account. At the hearing, however, we can cross-examine the accuser, point out inconsistencies, and highlight a lack of corroborating evidence.

2. Presenting evidence in your favor – This may include witness testimony, phone records, messages, or other documentation showing that the allegations are exaggerated, misleading, or false.

3. Explaining context – Sometimes what is described as “domestic violence” may in reality be a heated argument, a misunderstanding, or a minor conflict that does not rise to the legal definition of abuse.

4. Negotiating outcomes – In some situations, it may be possible to negotiate terms that avoid the harshest restrictions or reduce the impact on your housing, employment, or family life.

Our goal is to protect your rights, limit the damage to your reputation and daily life, and pursue the best possible outcome in a difficult and stressful situation.

Why You Need an Experienced Asheville Defense Attorney

Some people make the mistake of trying to handle a DVRO hearing on their own, believing that the truth will speak for itself. Unfortunately, the process is not that simple. Judges often take a “better safe than sorry” approach, issuing restraining orders even when the evidence is weak. Without skilled legal representation, you could end up facing restrictions that follow you for years and create lasting consequences.

The Pritchard Firm provides dedicated defense for individuals in Asheville and throughout Buncombe County facing domestic violence allegations. We understand that these cases are not always black and white, and we work to ensure the court hears your side of the story. Whether you are fighting to maintain access to your home, your children, your job, or your reputation, we are here to provide the strategic defense you need.

Protecting Your Rights and Your Future

Being accused of domestic violence and facing a restraining order can be overwhelming, but you do not have to go through it alone. With so much at stake, from your freedom and property rights to your relationships and career, it is essential to have an experienced advocate on your side. At The Pritchard Firm, we approach each case with the seriousness it deserves, giving our full attention to protecting your rights and achieving the best possible outcome.

Contact The Pritchard Firm Today

If you are facing a domestic violence restraining order in Asheville, Buncombe County, or anywhere in Western North Carolina, the time to act is now. The sooner you contact an attorney, the stronger your defense can be. Call The Pritchard Firm today to schedule a confidential consultation and put an experienced Asheville criminal defense lawyer on your side.