Asheville Domestic Violence Lawyers

Last updated on June 13, 2025

At Bull & Reinhardt, PLLC, our skilled family law attorneys represent individuals who are victims of abuse and those who believe they have been wrongfully accused of domestic violence. Domestic assault and family violence are extremely serious matters. If you have been harmed or threatened with harm by your spouse or another household member, we can help you take immediate action.

For victims: We are committed to protecting all people’s rights and to providing services to those who have been victims of domestic abuse so they can have peace of mind and security in knowing they won’t be the victim of abuse again. Our comprehensive services and more than 45 years of combined legal experience allow us to craft powerful cases that keep our clients safe and protect their interests at all times. This includes obtaining emergency relief, assistance from law enforcement, connection with other service organizations, and temporary custody and shelter if necessary.

For defendants or those accused of committing domestic violence: While no one condones domestic violence or things getting out of hand, we also recognize that every disagreement is not an act of domestic abuse. Often, though, it can be hard for the courts to distinguish between these situations. We are aware that sometimes, due to a lack of knowledge, poor advice, desperation and occasionally malice, a person takes out a domestic violence restraining order for an ulterior motive or when it is not justified. A domestic violence restraining order should be a shield to prevent injury and never used as a sword to gain advantage over the other party. Too often, this is the case. The entry of an order can have severe and long-lasting effects on the defendant, including removal from the home, loss of contact with children, inability to purchase or possess firearms for up to 20 years regardless if the parties reunify, loss of employment and loss of reputation. It is imperative if you have been accused that you seek experienced representation to protect your interests and reputation.

Domestic Violence In North Carolina

Domestic violence is defined broadly in North Carolina law. It happens whenever someone you have had a “personal relationship” with does any of the following to you or your minor child:

• Intentionally causes bodily injury
• Attempts to cause bodily injury
• Places you or a member of your family or household in fear of imminent serious bodily injury
• Conduct that is continual and rises to the level of continued harassment or that inflicts substantial emotional distress
• Commits rape or any serious sexual offense

If you have been abused or if you live in fear of abuse, we can help you obtain a protective order (also called a restraining order). Our lawyers can also advise on what you need to do to protect yourself and preserve evidence of abuse and threats, whether they are against you or against your children.

What Is A Protective Order?

A domestic violence protective order instructs the abuser not to assault, threaten, abuse, follow, harass or interfere with you and your children in person, at work, on the telephone or by other means. It can order the abuser out of the family home and to stay away from you. It can give you temporary custody of your child and order temporary spousal support as well.

We can help you obtain either of two kinds of protective orders:

• Ex parte/temporary protective orders take effect immediately and are based solely on your testimony to a judge. They can be obtained anytime, on any day.
• Final domestic violence protective orders (also called a DVPO or a 50B order or a restraining order).

Who Is Eligible To File For A Restraining Order In North Carolina?

In North Carolina, restraining orders fall under two main types: 50B protective orders and 50C civil no-contact orders. Who can file depends on your relationship.

A 50B protective order is available if you have a personal relationship with the accused. It includes:

• Current or former spouses
• Dating partners
• Family members
• People you live with
• Those with whom you share a child

This order is used when there has been abuse or a threat of abuse. If you do not have a personal relationship with the accused, you may qualify for a 50C order. These orders are designed to protect victims of harassment or stalking by:

• Acquaintances
• Co-workers
• Neighbors
• Strangers

A 50C order does not require domestic ties but is still meant to prevent unwanted contact.

What Do You Need To Prove In Order To Receive A Restraining Order In North Carolina?

To receive a restraining order in North Carolina, you must show the court that:

• Abuse or harassment has occurred at least once: For 50B orders, this could include physical harm, threats, sexual assault or placing someone in fear of serious injury. For 50C orders, stalking or repeated unwanted contact may be enough.
• There is a threat of further harm or harassment: The court needs to believe that the risk has not ended and protection is still necessary.
• Evidence can include photos of injuries, threatening messages, witness testimony, police reports or medical records. You do not have to have all of these, but anything that shows a pattern or credible risk can support your case.

We can represent you to protect your rights and fight for your peace of mind.

How Long Do Domestic Protective Orders Last In North Carolina?

A final 50B protective order lasts up to one year. Before it expires, you may request a one-time extension for up to two more years if needed. Temporary (ex parte) orders can be granted right away and last about 10 days until your full hearing.

A 50C no-contact order can also last up to one year and may be renewed annually if the court agrees there is still a need for protection.

If you or someone you know needs help with filing or understanding restraining orders, we can help clarify your options.

Schedule Your Initial Consultation With An Asheville Domestic Violence Attorney Today

Contact our team in Asheville, North Carolina, today at 828-254-0499 for more information. We can help you find clear solutions to your complex case.