Charlotte Domestic Violence Attorney

Lawyers Experienced in Protective Orders & Domestic Violence

Each year, an estimated 10 million children are witnesses to some form of domestic violence. Statistics show that one in four women will be victims of domestic violence during their lifetime. A report from the State Attorney General’s office concludes that 148 North Carolinians were victims of homicide stemming from domestic violence in 2021, with Mecklenburg County being the third highest number of domestic violence-related deaths in North Carolina.

Victims of domestic violence do not have to suffer alone. Any person residing in North Carolina may seek a Chapter 50B, Domestic Violence Protective Order (DVPO). This includes both women and men. At Rech Law, P.C., our domestic violence attorneys in Charlotte can help you seek this type of protective order.

Call Rech Law, P.C. at (704) 659-0007 or contact us online today to get your case evaluated by one of our Charlotte domestic violence attorneys.

Who Can Claim a Chapter 50B DVPO in North Carolina?

To have standing, or the ability to file a claim, under Chapter 50B, a party must have a “personal relationship” with the person against whom he or she is seeking a DVPO.

North Carolina law has defined a “personal relationship” as meaning a relationship between:

• Current or former spouses;
• Persons of the opposite sex who live together or have lived together;
• People who are related as parents and children or as grandparents and grandchildren;
• People who have a child in common;
• People who are current or former household members; or
• Persons who are in a dating relationship.

Those without a personal relationship in Charlotte, North Carolina may still be able to file under Chapter 50C, Civil No-Contact Orders.

When you meet with us about a potential DVPO, we will review your relationship history and the specific incidents that have occurred so you understand whether Chapter 50B is the correct path or whether a Chapter 50C order may be more appropriate. In Mecklenburg County, the type of order you request affects where your case is filed, what forms you complete, and what protections a judge can grant, so it is important to choose the correct option from the start. We can also discuss whether there are related family law issues, such as custody or support, that should be addressed alongside your request for protection so you are not left without a plan for your home, your children, or your finances.

People who qualify for a DVPO often worry about having to face the other party in court or disclose private details in a public setting. We walk you through what to expect at each stage, from filling out the initial complaint and affidavit to appearing before the judge at the ex parte and return hearings. Our team helps you think through evidence you may already have—such as messages, photographs, medical records, or prior police reports—and how it can be presented in a way that is clear and organized. By preparing you for the questions you may be asked, we aim to reduce some of the anxiety that often keeps people from asking for the protection they need.

When Can a Judge Grant a Chapter 50B, DVPO?

For the North Carolina judge to be able to grant a Chapter 50B, DVPO, the judge must find that the defendant committed one or more of the following acts of domestic violence in Charlotte, North Carolina.

These acts of domestic violence include:

• Intentionally caused bodily harm to the plaintiff;
• Attempted to cause bodily harm to the plaintiff;
• Placed the plaintiff in fear of imminent serious bodily harm; or
• Placed the plaintiff in fear of continued harassment that rises to such a level to inflict substantial emotional distress.

If a judge from North Carolina finds an act of domestic violence has occurred, the judge can grant an emergency ex parte temporary order, which can last up to 10 days in Charlotte. After the 10 days, there will be a second hearing to see if a permanent order is an appropriate form of relief.

In practice, the judge will look not only at a single incident but at the overall pattern of behavior to decide if the legal definition of domestic violence has been met. This means that controlling conduct, repeated threats, stalking, and other behavior can all be relevant, even if there has not been a single severe physical incident. We help you explain the timeline of events to the court so the judge understands how the situation developed, what you fear may happen next, and why ongoing protection is necessary. By preparing your testimony carefully and identifying witnesses who can support your account, we work to give the court a complete picture of what you have experienced.

The process for obtaining a DVPO in Mecklenburg County usually moves quickly, which can feel overwhelming when you are also dealing with safety concerns, housing questions, or childcare. We guide you on how to stay safe between the ex parte hearing and the return hearing, such as discussing whether to change your routine, speak with your employer, or involve local law enforcement if the order is violated. We can also talk about how a DVPO may interact with any existing criminal charges and what that means for upcoming court dates in Charlotte so you are not surprised by how the different cases connect.

How Long Can a DVPO Last in North Carolina

A permanent DVPO can last up to one year in Charlotte, North Carolina and can include the following types of relief, per N.C.G.S. §50B:

• Order the defendant to refrain from threatening, abusing, harassing, or following the plaintiff;
• Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household;
• Award temporary custody of minor children and establish temporary visitation rights pursuant to G.S. 50B-2;
• Order the eviction of a party from the residence or household and assistance to the victim in returning to it;
• Provide for possession of personal property of the parties, including the care, custody, and control of any pets; or
• Prohibit a party from purchasing a firearm for a time fixed in the order.

A person charged with domestic violence in Charlotte, North Carolina who knowingly violates a valid protective order can be found guilty of a Class A1 misdemeanor.

A DVPO may be renewed for a fixed period of time. The plaintiff must show there is good cause for the renewal and must file a motion to renew before the expiration of the current order. However, a temporary award of custody entered as part of a protective order may not be renewed. It is important to seek a custody action prior to the expiration of the protective order.

Because the one-year period can pass more quickly than many people expect, we closely track deadlines with our clients and discuss renewal well before the current order expires. In Charlotte, renewal hearings are often scheduled on busy court days, so having your evidence organized and ready to present is important. We help you gather documentation of any new incidents, violations of the existing order, or ongoing fear or instability that supports a finding of good cause for renewal. We also talk through how your circumstances have changed since the original order—such as new living arrangements, employment, or counseling—so the judge understands why continued protection remains necessary.

Many people also want to know how a DVPO can affect long-term issues like child custody, support, and property distribution. While the court hearing your Chapter 50B case can make certain temporary decisions, those questions are often addressed more fully in separate family law actions in Mecklenburg County. We work with you to coordinate timing and strategy so that your protective order and your family law case support one another. By planning ahead in this way, we aim to reduce gaps in protection and help you move toward longer-term stability for yourself and your children.

Understanding The DVPO Filing Process In Charlotte

Starting the DVPO process can feel intimidating, especially if you have never been in a courtroom before. In Mecklenburg County, DVPOs are generally filed at the courthouse in Charlotte, and there are specific forms that must be completed to explain what has happened and what protection you are requesting. We walk you step by step through these documents so your allegations are clear, accurate, and include the details a judge in Charlotte will need to review your request promptly.

After your paperwork is filed, the court will usually schedule an ex parte hearing the same day or very soon after, where the judge decides whether to grant temporary protection without the other party present. If an order is entered, law enforcement serves the defendant with the DVPO and the date for the return hearing, which is when both sides may appear and present evidence. We help you prepare for this hearing by organizing your timeline, identifying any witnesses, and discussing how to speak to the judge in a way that is calm, respectful, and focused on your safety and that of your children.

Every situation is different, and some people seeking a DVPO are also dealing with immediate housing needs, transportation challenges, or concerns about school pickups and exchanges. Because our practice is focused on family law, we understand how these practical issues intersect with the legal process and can help you think through short-term plans while your case is pending. When you work with us, you do not have to navigate the courthouse alone—you have a team that knows how these cases are handled in Charlotte and is committed to guiding you from the first filing through the final order.

What Type of Case is Domestic Violence in Charlotte?

A domestic violence case is the type of case that could be both civil and criminal at the same time as a result of the same acts of violence. It may be best for you to seek criminal and civil actions for maximum protection. The only main exception is who is responsible for taking the criminal case to court.

In North Carolina, the criminal side of a domestic violence matter is handled by the State through the local District Attorney’s office, while the civil side—such as a DVPO or related custody action—is brought by the individual seeking protection. This means that even if criminal charges are not filed, are dismissed, or are reduced in Mecklenburg County, you might still qualify for civil relief in the form of a protective order. We explain how these two tracks move on different timelines, involve different rules of evidence, and can lead to different types of outcomes so you can make informed decisions about which steps to take.

Understanding this distinction is important if you have been accused of domestic violence as well. A criminal conviction or even a pending charge in Charlotte can impact your rights in related civil cases, including custody, visitation, and firearm restrictions. When we represent clients on the civil side, we help them anticipate how information from the criminal case may be used in the DVPO hearing, and we coordinate with any criminal defense counsel when appropriate. By approaching your situation with an eye on both systems, we strive to protect your immediate safety concerns while also considering the long-term consequences of each choice you make.

How Our Charlotte Domestic Violence Lawyers Support You

Domestic violence cases often affect every part of a person’s life, from where they live to how often they see their children. When you work with us, you have a team that focuses on family law and understands how a DVPO fits into the broader picture of separation, divorce, custody, and support in Charlotte. We take time to learn your priorities and concerns so we can build a plan that addresses both your immediate safety and your longer-term stability.

Our role is not limited to filing documents and appearing in court. We help you think through safety planning, communication boundaries, and how to document future incidents if they occur. Because we regularly appear in Mecklenburg County courts, we know how local judges tend to approach these cases and what types of details can be especially important in their decisions. That familiarity allows us to prepare you more effectively for what to expect on your court dates and how to present your story in a way that is organized and respectful.

Many domestic violence cases also involve children, shared property, or financial dependence, which can make it difficult to see a path forward. We use our experience in North Carolina family law to advise you on how a DVPO may affect custody schedules, temporary support, and who can stay in the home while a case is pending. By coordinating your protective order with any related family law matters, we work to reduce conflicting orders and help you move toward a more secure situation for yourself and your family.

If you are in immediate need of protection, do not wait any longer. At Rech Law, our domestic violence lawyers serving Charlotte, North Carolina will be your advocate during this stressful time of your life and be there to guide you through this process. You can rely on our Charlotte domestic violence attorneys to provide you with strong family law representation and sound legal guidance.