Asheville Temporary Restraining Orders/Injunctions Lawyers

To receive a restraining order in Asheville, victims must have experienced threats from an abuser, including physical harm, an attempt at physical harm, continued harassment that leads to emotional distress, sexual assault, or being placed in an environment with possible bodily harm.

The National Coalition Against Domestic Violence estimates that 49.3% of women and 19.3% of men experience physical violence, sexual violence, and/or stalking from an intimate partner in their lifetimes. Victims who may be unsafe due to these types of cases may be issued a protective order such as a restraining order or preliminary injunction. If you request an extension, these orders may last up to one year and potentially two more years. 

The state may offer help to threatened individuals through services such as Domestic Violence Service Providers. Depending on the county, you may be able to file for protective orders from one of these service providers and communicate with a legal professional through video conferencing instead of in court. 

If a person chooses to violate a restraining order by pursuing, threatening, stalking, harassing, or interacting with the victim against their will, the abusive individual will be charged with a Class A1 misdemeanor. This may mean up to a year in jail and a fine of up to $5,000.

In North Carolina, domestic abuse or violence victims can file for a temporary restraining order during a family law case. This order is used to protect victims from further harm or harassment. Commonly, victims are not seeking imprisonment for their abusers or compensation for damages, but protection from them. 

These types of cases often involve the safety of a child or a minor in a parent’s custody. This protection is called Domestic Violence Protective Orders (DVPO) and can be renewed for an additional year. Unlike a typical protective order, it can be renewed multiple times if the court deems it appropriate to their safety and well-being. If the victim still experiences harassment, the court will be more likely to extend the protective order. An abuser that violates this order will be charged with a felony or Class A1 misdemeanor, depending on the actions taken by the abuser when they violated the protective order.

For a preliminary injunction to be granted for a victim, they must prove that they would suffer irremediable harm unless the court offers an injunction. Judges then weigh the interests of each party as well as the potential damage that the victim may sustain if they did not have a preliminary injunction in place for protection. 

Both parties may appeal to the judge based on whether they decide to move forward with a preliminary injunction. This means that if you are potentially facing an injunction, there is a way to fight against it. 

For cases of domestic abuse and domestic violence, a preliminary injunction may be granted either before or during a trial to protect the victim during legal proceedings. Regardless of your position in a protective order case, you may need the skilled guidance of an experienced North Carolina attorney on your side to protect your rights.