Legal Protections Available for Victims of Domestic Violence

By Ward Family Law Group
Crying women and closed fist of a man

No one expects to be harmed by someone they love or trust. However, for many people, domestic violence is a painful reality that affects their safety, emotional health, finances, and family relationships. If you have been a victim of domestic abuse, you may feel overwhelmed, isolated, or unsure where to turn. 

It’s important to know that help is available and that the law offers meaningful protections designed to help you regain stability and safety. At Ward Family Law Group, we work with individuals and families facing domestic violence to help them understand the legal protections available and how to apply for protection under North Carolina law.

With offices in Cary and Wake Forest, North Carolina, we serve clients throughout Wake County, Durham County, Chatham County, Orange County, Johnston County, and Franklin County. Contact us today for compassionate representation.

Domestic Violence and Its Impact

Domestic violence involves a pattern of abusive behavior used to gain or maintain power and control over another person. In North Carolina, domestic violence can occur between spouses, former spouses, people who live together or used to live together, individuals who share a child, dating partners, and certain family members. 

Abuse isn’t limited to physical harm. It may also include emotional abuse, intimidation, threats, harassment, stalking, or financial control.

The effects of domestic violence often extend far beyond the immediate harm. You may feel anxious about your safety, worried about your children, or uncertain about housing and financial security. Many survivors struggle with disrupted routines, lost income, and strained relationships.

Legal protections for victims of domestic violence are designed to address these concerns by creating strict boundaries, offering court-ordered safeguards, and providing pathways to long-term stability.

Immediate Legal Protections Available

When domestic violence occurs, the law offers fast protection. These measures are especially important if you’re in immediate danger or fear further harm. North Carolina courts can act quickly to implement protections while longer-term solutions are considered.

These protections are meant to give you breathing room. They’re not about punishment alone; they’re about advocating for your safety and stability, and giving you time to make informed decisions about what comes next. The emergency protections that are available under North Carolina law following domestic violence include:

  • Ex parte domestic violence protective orders (DVPOs): Temporary court orders that may be granted the same day you file, without the other party present.

  • Temporary custody provisions: Court orders that address where your children will stay to keep them safe.

  • Temporary possession of the home: Court orders that require the abusive party to leave the shared residence.

  • No-contact provisions: Court orders that prohibit phone calls, texts, messages, or in-person contact between the abuser and the victim.

These protections are typically short-term but can be life-changing following violence or abuse. At Ward Family Law Group, we can help you prepare clear, thorough filings so the court has the information it needs to act quickly. Once immediate protections are in place, additional hearings will be held to determine whether longer-term orders are appropriate.

Protective Orders and Safety Measures

Protective orders are the most well-known legal response to domestic violence. In North Carolina, these are often referred to as 50B orders. They’re designed to create enforceable boundaries to provide for your safety after a violent or abusive incident.

Protective orders can cover much more than no contact. They often address daily concerns that affect your sense of security and ability to move forward. Before deciding whether to seek one, it helps to understand what they may include and how they’re enforced. The common provisions included in protective orders include:

  • Restrictions on contact: They can prohibit calls, messages, social media contact, and third-party communication from your abuser.

  • Stay-away requirements: They can require your abuser to maintain a specific distance from your home, workplace, school, or children’s daycare.

  • Firearm surrender: They can order your abuser to surrender any weapons in their possession for the duration of the order.

  • Support-related provisions: They can provide temporary financial support or assistance with housing-related expenses.

Protective orders are enforceable by law enforcement. Violations may result in arrest and criminal charges. While no court order can erase your fear overnight, these measures can create legal consequences for continued abuse and can provide reassurance during a difficult transition.

Remedies Beyond Protective Orders

Domestic violence often intersects with family law issues such as custody, support, and divorce. The legal system allows these concerns to be addressed alongside safety protections, so you don’t have to choose between being safe and protecting your long-term interests.

North Carolina courts consider domestic violence seriously when making decisions that affect your children and household finances. Addressing these matters early can help prevent further harm and reduce ongoing conflict. Some additional remedies that you may consider pursuing after domestic violence include the following:

  • Child custody and visitation orders: The courts may limit or supervise contact if abuse from the other spouse has occurred.

  • Child support: Financial support may be ordered to help meet your children’s needs.

  • Spousal support: Temporary or ongoing support (alimony) may be available depending on your circumstances.

  • Divorce or separation filings: Legal separation or even divorce can establish financial and parenting boundaries.

  • Property and housing arrangements: Court orders can address who remains in the home and how expenses are handled.

Each situation is different, and timing matters. At Ward Family Law Group, we can help you weigh your options carefully, so your decisions align with your safety concerns and future goals. Addressing these issues can reduce uncertainty and help you regain a sense of control after a domestic violence incident.

Contact an Experienced Domestic Violence Attorney for Support

At Ward Family Law Group, we focus on helping clients feel heard, supported, and informed following domestic violence. Our attorneys are dedicated to helping you take steps to protect your safety and rediscover stability for you and your children.

With offices in Cary and Wake Forest, North Carolina, we serve clients in Wake County, Durham County, Chatham County, Orange County, Johnston County, and Franklin County. Reach out to us today to schedule an initial consultation.