Ashby Family Law

Domestic Violence · Charlotte, NC

Domestic Violence Protective Order Lawyer in Charlotte, NC

If you are being hurt — physically, emotionally, or financially — by a spouse, partner, or family member, you have legal options. We handle 50B Domestic Violence Protective Orders for petitioners who need protection and for respondents who have been falsely accused. If you are in immediate danger, call 911 first.

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The overview

How this works in North Carolina.

North Carolina General Statutes Chapter 50B provides for Domestic Violence Protective Orders (DVPOs, sometimes called '50B orders'). A DVPO is a civil court order that can require an abuser to stay away, vacate a residence, surrender firearms, and not contact the protected party.

DVPOs are available between people in a 'personal relationship' as defined by statute — current and former spouses, dating partners, parents and children, household members. The threshold for relief is 'an act of domestic violence,' defined to include attempting to cause or causing bodily injury, placing the victim in fear of imminent serious bodily injury, sexual assault, or harassment that rises to substantial emotional distress.

Two stages: Ex Parte (immediate temporary protection, up to 10 days, granted without notice to the respondent) and Permanent (after a contested hearing, up to one year, renewable). Both are often handled together.

Sub-issues

What we handle under domestic violence.

  • 01Petitions for ex parte and permanent 50B Domestic Violence Protective Orders
  • 02Respondent defense in 50B proceedings
  • 03Renewal of DVPOs
  • 04Coordination with custody and divorce filings
  • 05Coordination with criminal cases (domestic violence charges)
  • 06Civil no-contact orders (Chapter 50C) where the parties don't have a personal relationship
  • 07Emergency custody integrated with DVPO relief
  • 08Firearm surrender issues under federal and state law

The process

What to expect.

Here's the path through a typical domestic violence matter in North Carolina. Your case may move faster or slower depending on the facts; the structure is consistent.

  1. 01 / 06

    Initial confidential consultation

    We take petitioner consultations urgently. The first call is confidential and focused on safety. We can file the same day where appropriate.

  2. 02 / 06

    Filing the petition (petitioner)

    The petition is filed in district court. Where ex parte relief is sought, the court hears the petitioner ex parte that day or the next.

  3. 03 / 06

    Ex parte order

    If the court finds that an act of domestic violence has occurred and there is danger of further acts, an ex parte order is entered, typically lasting until the permanent hearing 10 days later.

  4. 04 / 06

    Service & 10-day hearing

    The respondent is served. A contested permanent hearing is held within 10 days.

  5. 05 / 06

    Permanent DVPO

    After hearing both sides, the court enters or denies the permanent DVPO. The order can include stay-away, no-contact, residence, custody, support, and firearm provisions.

  6. 06 / 06

    Coordination with related actions

    Where appropriate, we file related custody, divorce, or other actions to make sure the DVPO interacts correctly with the longer-term family law matter.

Why a specialist

Why hire a Board-Certified Family Law Specialist.

DVPOs intersect with custody, divorce, criminal cases, and federal firearm law. Specialists handle these cases with the urgency and integration they require — and with the trial preparation that determines outcomes at the contested hearing.

11

Years exclusively in family law

200+

Cases handled annually

4.9★

Across 217 Google reviews

Recent results

Recent matters in this practice area.

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Domestic Violence
01

Situation

Petitioner sought protection following pattern of escalating threats and one act of physical violence; concerns about firearm in the home.

What we did

Same-day ex parte filing with detailed verified petition. Coordinated firearm surrender. Prepared for and prevailed at contested 10-day hearing.

Outcome

Permanent DVPO entered for one year. Firearm surrendered per order. Coordinated custody filing resulted in temporary custody to petitioner.

Past results do not guarantee future outcomes. Each case is unique.

Domestic Violence
02

Situation

Respondent defense — petitioner's allegations included exaggerated and inaccurate accounts of incidents in dispute.

What we did

Cross-examination preparation, witness identification, and presentation of countervailing evidence at the 10-day hearing.

Outcome

Permanent DVPO denied. Custody and divorce matters proceeded without the DVPO finding affecting them.

Past results do not guarantee future outcomes. Each case is unique.

Common questions

Common questions about domestic violence in NC.

These are the questions we hear most often. Your situation may be different — we’d encourage a confidential conversation.

Meet your attorney

Who handles this work.

At Ashby Family Law, domestic violence matters are handled by Morgan. Read more about morgan's background and experience.

Editorial portrait of attorney Morgan Pell in natural light

Morgan Pell

Senior Associate · High-Net-Worth & Equitable Distribution

Equitable distribution and complex-asset divorce. Eight years in family law. UNC School of Law and NYU LL.M. in Taxation.

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Related practice areas

Other ways we may be able to help.

Child Custody

Initial custody, modifications, relocation, and emergencies.

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Divorce & Separation

Contested, uncontested, military, and complex-asset divorce.

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Modifications & Enforcement

Modify or enforce existing custody, support, and alimony orders.

Learn more→

Schedule a Confidential Case Evaluation

Schedule a Confidential Case Evaluation about your domestic violence matter.

Free. Thirty minutes. Your situation, our perspective. No obligation.

Schedule a Confidential Case Evaluation(704) 555-0182Call

Monday – Friday · 8:30 AM – 6:00 PM

Past results do not guarantee future outcomes. Each case is unique and depends on its facts and circumstances.

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