Our next segment of Do I Need a Lawyer? focuses on domestic violence protective orders and civil-no contact orders. Sometimes people call these cases “restraining orders.” Generally, these cases are emotional and involve family members, neighbors, or disputes between old friends. Also, these cases have serious consequences that can last a year or longer. In this post, we discuss why someone might choose to represent themselves and some of the risks involved.
Update – Stay tuned in the coming weeks for a Part III post. I envision needing another post because very recently I’ve seen too many of these protective order and non-contact order hearings go south real fast, particularly, for unrepresented parties (those parties without an attorney). Watching these cases unfold only a few feet from me as I wait for my case, I often find the unrepresented party believes in their case to their core. But they lack familiarity with the law, specifically, the rules of evidence. The reality is, these cases sometimes fall flat for unrepresented people because although they have a real story to tell, they are unfamiliar with the law and cannot tell their story. In the end, the judge rules against them.
Do I need a lawyer for a domestic violence protective order or civil no-contact order?
Is a lawyer necessary for a civil case like a domestic violence protective order or civil no-contact order? It depends on what you are willing to risk.
Chapter 50B and Chapter 50C of the North Carolina General Statutes govern domestic violence protective orders and civil no-contact orders, respectively. In these types of hearings, the party dynamics can be messy. And a defendant in one of these civil actions may see an easy way out—that is, to represent themselves or simply consent to an order.
There are other things more important than court.
Why would someone consent to an order or represent themselves? Well, people have lives, they have children to feed and clothe, doctor’s appointments to go to, and bills to pay. They cannot keep taking days off every time the opposing party drags them into court. This is why someone might—although reluctantly—consent to a protective order or no-contact order.
Other times, someone represents themselves because they have all the evidence they need. It is on their phone. And they even bring the evidence to court with them. But, during the trial, they struggle admitting the evidence into the court record because they do not know the N.C. Rules of Evidence. Also, if the other party has an attorney, remember whose interest that attorney is fighting for. I bet the other attorney knows how to get their evidence into the court record. In the end, the judge is only going to consider what is in the record during the hearing. So, ask yourself, “why don’t I have an attorney?”
You deserve someone to fight for your rights and discuss your options with you. Going at it alone is certainly your right. But is it the best choice? Maybe it is. Maybe it isn’t. At the very least, pick up the phone and schedule a consult with our office. We want to hear more about your story and discuss how we can help.
Consenting takes less time. And representing yourself is noble. But the risk is great.
Consenting to a domestic violence protective order is quick(er). But the result could upend your life. For example, in a domestic violence protective order hearing the judge can force you to move out of your home, order temporary custody or visitation of the children, or “any additional . . . requirements the court deems necessary to protect any party or any minor child.” N.C.G.S. 50B-3.
That is not all: If a protective order or no-contact order is ultimately entered, generally, it shows up on background checks. And if you violate an order, you could end up in jail. N.C.G.S. § 50B-4.1; N.C.G.S. §§ 50C-5(c) and 10. Even if you haven’t violated an order, you could forfeit your firearms rights for the duration of a domestic violence protective order. N.C.G.S. § 50B-3.1.
Make no mistake about it, these hearings are indeed civil. But considering the risks, it may be in your best interests to speak to an attorney.
This is why it is so important to speak with a lawyer about your options. We have all heard the saying, “sometimes the easy way isn’t always the best way.” Look at it this way: If you had a health concern, you most likely would speak to a doctor. The same can be said for a legal issue, especially, one with serious consequences such as a domestic violence protective order hearing or civil no-contact order hearing.
Do not wait until the day before court to speak with a lawyer. Please give our office a call. You are a real person, with a real story. We would love to hear your story and explore how we could provide real help during this difficult time.
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