Restraining Order Attorney in High Point, NC

If you are seeking protection from an abusive partner or family member, or if someone has filed a 50-B petition against you, the next hearing will shape what happens in your home and sometimes in your criminal record. These cases move quickly in North Carolina courts. The evidence you bring and how you present it determines the outcome.

At Spagnola Law Firm, we have represented both sides of domestic violence protective order cases for 27 years. Sam Spagnola is a Board Certified Family Law Specialist and has handled restraining orders, 50-B hearings, and related custody matters throughout Guilford County. An experienced High Point, NC order of protection lawyer can mean the difference between walking out of court with a real order of safety or a dismissal, and between losing access to your home and keeping your life intact.

Why Choose Spagnola Law Firm for Order of Protection Cases in High Point, NC?

Protective order cases sit at a difficult intersection. They involve family law, criminal exposure, custody, firearms rights, and sometimes housing. You need a lawyer who understands every piece. As a dedicated family lawyer in High Point, NC, our firm brings nearly three decades of courtroom experience to these hearings.

Board Certified and Focused on Family Law

Sam Spagnola has practiced family law since 1998. He is a Board Certified Family Law Specialist, a credential earned through peer review, a written exam, and documented substantial involvement in the field. Only a small percentage of North Carolina attorneys hold this certification. Domestic violence work has been part of his practice from the beginning, including both petitioners seeking 50-B orders and respondents defending against them.

Recognition Earned Over Decades

Sam has been named a Super Lawyer and holds the Martindale-Hubbell Distinguished Lawyer Rating. He is also a Martindale-Hubbell Client Champion and has been listed among America’s Most Honored Lawyers. He is also a past President of the Family Law Section of the Greensboro Bar Association.

Representation on Both Sides

We file petitions for clients who need protection. We also defend clients who have been falsely accused or whose situations have been mischaracterized. Both sides of these cases require preparation, evidence gathering, and witness management.

Hourly Billing and Client Portal Access

Domestic violence and protective order matters are billed hourly. How much work a case requires depends on the complexity of the facts, the number of hearings, and whether criminal charges are involved. Our client portal provides clients with direct access to filings, invoices, and case updates in real time.

Types of Order of Protection Cases We Handle in High Point

Most clients come to us in one of two moments. Either they have just been served with papers and have a hearing in ten days, or they have reached the point where they need a court order to feel safe. Both situations have hard deadlines. Below are the matters we handle under North Carolina’s protective order framework.

• 50-B domestic violence protective orders. These are the most common protective orders in North Carolina and apply to current or former household members, dating partners, and certain family members. Ex parte orders are available on an emergency basis, followed by a full hearing within ten days.
• Defense against false or exaggerated allegations. Protective orders filed during a contested divorce or custody case sometimes do not reflect real safety concerns. We defend respondents at the ten-day hearing and work to prevent entry of a permanent order where the facts do not support it.
• Domestic violence. Protective orders often arise alongside related family law matters, and coordinated legal strategy matters.
• Divorce. When abuse is part of the marriage, a 50-B order can reshape the divorce timeline, property access, and temporary support orders.
• Child custody. A 50-B order can include temporary custody and visitation terms. These effect later custody litigation, sometimes significantly.
• Emergency ex parte orders. When immediate harm is a real risk, a judge can issue a temporary order the same day a petition is filed. The respondent then has an opportunity to respond at the ten-day hearing.
• Modification and renewal of existing orders. Protective orders can be extended, renewed, or modified based on changing circumstances. Renewal requires timely filing before the original order expires.
• Violation proceedings. When a respondent violates the terms of a protective order, civil contempt and criminal consequences follow. We represent both sides in violation proceedings.
• 50-C civil no-contact orders. For non-domestic situations such as stalking or harassment by someone who is not a partner or household member, Chapter 50C provides a separate form of relief.

North Carolina Legal Requirements for Protective Orders

Chapter 50B of the North Carolina General Statutes creates the domestic violence protective order system. Chapter 50C covers civil no-contact orders for non-domestic situations. The definitions, procedures, and consequences are specific.

Who Can File Under 50B. Under N.C.G.S. § 50B-1, the petitioner must have a “personal relationship” with the respondent. That means a current or former spouse, someone of the opposite sex with whom the petitioner lives or has lived, a parent or child, a grandparent or grandchild, a current or former dating partner, or someone with a child in common. Without a qualifying personal relationship, a 50-B order is not available. Chapter 50C fills some of that gap.

What Counts as Domestic Violence. The same statute defines domestic violence to include attempting to cause or intentionally causing bodily injury, placing another in fear of imminent serious bodily injury or continued harassment rising to such a level as to inflict substantial emotional distress, and committing certain sex offenses.

Emergency Relief and Ten-Day Hearing. Under N.C.G.S. § 50B-2, a court may issue an ex parte order the same day a petition is filed if there is a risk of imminent danger. A hearing on a full protective order must be held within ten days.

Terms of the Order. Under N.C.G.S. § 50B-3, the court can order the respondent to stay away from the petitioner, surrender firearms, vacate a shared residence, pay temporary support, and address temporary custody. Initial orders last up to one year and may be renewed.

Criminal Consequences of Violations. Violation of a 50-B order is a Class A1 misdemeanor and, in certain circumstances involving firearms or repeat offenses, a felony.

Guilford County Family Court Practice. Protective order hearings in High Point and Greensboro follow the Guilford County Family Court scheduling rules. Preparation between the filing and the ten-day hearing is where most of these cases are won or lost.

Important Aspects of a High Point Order of Protection Case

The Ten-Day Hearing Is Where Everything Happens

Ex parte orders are temporary. The hearing within ten days is the real proceeding, and it is where evidence is tested, witnesses are cross-examined, and the judge decides whether a full one-year order is appropriate. Preparation is critical. Photographs, text messages, medical records, call logs, recordings, witness statements, and police reports need to be collected and organized in advance.

Consequences That Reach Beyond the Courtroom

A 50-B order affects much more than contact with the petitioner. It triggers federal firearms restrictions under 18 U.S.C. § 922(g)(8). It can affect employment in law enforcement, the military, or any profession requiring a security clearance. It can change custody orders and can be used as evidence in divorce proceedings. Clients defending against a 50-B need to understand every downstream consequence before the hearing.

False or Retaliatory Allegations

Not every 50-B petition reflects genuine safety concerns. Some are filed strategically during contested custody or divorce cases. North Carolina courts are alert to this, and judges apply serious scrutiny to petitions that surface at moments convenient to ongoing litigation. A well-prepared defense shows the court the full context, including timing, prior communications, and any pattern of similar allegations.

Temporary Custody and Possession of the Home

Under 50-B, a judge can order the respondent out of a shared home, award temporary custody of children, and set temporary child support and possession of personal property. These orders can remain in place throughout the life of the protective order. For parents, this means the 50-B hearing may effectively decide initial custody. This is why these hearings require the same preparation as a contested custody proceeding.

Coordinating With Related Cases

Protective orders often run alongside criminal charges, divorce filings, or custody actions. Decisions in one case affect the others. Statements made at a 50-B hearing may show up in a criminal trial. Custody terms in a 50-B order may influence permanent custody rulings later. Our firm coordinates across all related matters to prevent inconsistent positions and preserve the client’s broader position.

Order of Protection Statistics in High Point

According to NC SBI data, North Carolina recorded 155 victims of domestic violence related homicide in 2024. That figure is not abstract. It is the reason a judge can sign an emergency order the same day a petition is filed.

The NCCADV homicide data, tracked statewide since 2002, shows a steep rise in these deaths since 2018, with firearms involved in roughly three of every four fatal cases. Demand for victim services has climbed well above pre-pandemic levels. High Point sits squarely inside that trend, and our order of protection attorneys in High Point see the result every week in the volume of 50-B filings.

Mistakes That Can Damage Your Order of Protection Case

Whether you are seeking a 50-B order or defending against one, the outcome usually depends on what you do in the days before the hearing. The same errors show up again and again, but these are the ones that cause the most damage to your case.

• Missing the ten-day hearing. The ex parte order is temporary. If a petitioner skips the full hearing, the order generally expires. If a respondent fails to appear, a judge can enter a one-year order based only on the other side’s account.
• Contacting the other party. A respondent who texts, calls, or shows up “just to talk” while a temporary order is in place hands the petitioner direct evidence of a violation. A petitioner who reaches back out can undercut the very safety concerns they raised. Silence protects your position.
• Letting social media speak for you. Screenshots can be presented to the judge. A post written in anger, a tagged photo, or an account deleted in a way that looks like destroyed evidence can all swing a close case. Assume everything you publish will be read aloud in court.
• Waiting to gather evidence. Text messages, call logs, photographs, medical records, and witness contact information are easiest to collect right after an incident. Gathering proof together too late is one of the most common mistakes people make in these cases.
• Treating the hearing as a formality. A 50-B hearing is a real trial with cross-examination and rules of evidence. Witnesses need to be subpoenaed, and exhibits need to be organized. You must have proof that goes along with telling your story. Preparation is key.
• Ignoring the custody fallout. A protective order can set temporary custody and possession of the home, and those terms tend to shape later litigation. Understanding how judges decide custody before the hearing matters more than most people expect.
• Overlooking the property terms. A judge can order one party out of a shared residence and divide use of personal belongings. People who arrive unaware of the property division stakes may find themselves without.
• Handling related cases in isolation. A statement made at a protective order hearing can resurface in a divorce, a separation agreement, or a criminal matter. Coordinating those cases keeps you from taking inconsistent positions that negatively affect your side later.

Local Information for High Point Order of Protection Cases

High Point Family Court and Local Resources

Protective order hearings for High Point residents run through the Guilford County court system. Petitions are filed and heard at the High Point courthouse, and scheduling follows the county’s family court rules. Because a single 50-B hearing can decide custody, possession of the home, and firearm surrender all at once, understanding how the local court operates before you walk in makes a real difference in how prepared you are.

Important Local Resources for High Point Order of Protection Cases

The organizations below help High Point residents dealing with domestic violence, from filing a petition to finding safety. We share them only for convenience.

• Guilford County Family Justice Center: 336-641-7233. A single location in High Point where advocates help victims file for a protective order, build a safety plan, and connect with counseling and legal services.
• Guilford County Courthouse in High Point: 336-822-6700. Where 50-B petitions are filed with the Clerk of Superior Court and where protective order hearings are held.
• High Point Police Department: 336-883-3224. Responds to domestic violence calls, takes incident reports, and enforces active protective orders.
• Family Service of the Piedmont: 336-273-7273. Runs a confidential 24-hour crisis line and provides shelter, counseling, and advocacy for survivors.
• North Carolina Judicial Branch: which explains the protective order process statewide and provides the official forms.

The Spagnola Law Firm does not endorse, sponsor, or have any affiliation with the organizations listed above. They are provided as a public convenience, and we cannot guarantee the accuracy of their information.

Frequently Asked Questions