Domestic Violence — Protection for the Victim, and for the Wrongly Accused

If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233 (available 24/7), and Domestic Violence Shelter and Services, Inc. of Wilmington can help. Get safe first — then read on.

Domestic violence is serious, and it cuts more than one way. A protective order can save a life — and a false accusation can upend an innocent one. Rice Law stands on both sides of that line: we help victims get safe and obtain protection, and we defend people who have been wrongly accused. Either way, the order should rest on the truth.

For Victims of Domestic Violence

We have helped many victims of domestic violence obtain protective orders against the people harming them. A § 50B order does far more than say “stay away” — it can include temporary child custody, temporary support, a requirement that the abuser attend anger-management classes, the surrender of firearms, and sometimes an award of attorney’s fees. For support services, Domestic Violence Shelter and Services, Inc. of Wilmington, NC can help. If you are in danger, get safe first; then we move quickly to protect you.

Domestic Violence, Defined

Under North Carolina law, N.C. Gen. Stat. § 50B, domestic violence is the commission of one or more of the following acts upon an aggrieved party, or upon a minor child residing with or in the custody of the aggrieved party, by a person with whom the aggrieved party has or has had a personal relationship — and it does not include acts of self-defense:

• Attempting to cause bodily injury, or intentionally causing bodily injury; or
• Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment, as defined in N.C. Gen. Stat. § 14-277.3, that rises to such a level as to inflict substantial emotional distress; or
• Committing any act defined in N.C. Gen. Stat. § 14-27.2 through § 14-27.7.

“Restraining Order” — Know Which One

Most people call a § 50B protective order a “restraining order.” Meet clients at that word, then make the difference clear: a § 50B order applies between people in a personal relationship — a spouse, partner, or family member — and can reach custody and firearms. A § 50C civil no-contact order is for stalking or nonconsensual sexual conduct by someone you are not in a relationship with. We make sure you file the right one.

For the Wrongly Accused

We have also defended many people wrongly accused of domestic violence. If you have been accused, see a licensed attorney as soon as possible to protect your rights. The system’s low barrier — designed, rightly, to protect genuine victims quickly — can also be turned against the innocent, sometimes as leverage in a custody or divorce dispute. The answer is not to attack the system; it is to answer the accusation immediately and put the truth on the record.

What a Protective Order Can Cost You

A domestic-violence protective order — a “restraining order” — can keep you from your home, from your children, and from the places you normally go, and can bar you from possessing firearms: one to two years under state law, and potentially for the rest of your life under federal law. For hunters, sport shooters, collectors, and anyone whose work requires a firearm, that loss is enormous. The same allegation can also cost you your job and bring criminal charges — so when we defend the wrongly accused, we coordinate with your criminal-defense counsel to keep the civil and criminal cases aligned.

A § 50B Hearing Doesn’t Stay in § 50B

A protective-order hearing reaches well beyond the order itself. A custody judge is required to weigh domestic violence, so a finding follows you into your custody case — and it is marital misconduct that can bear on alimony. We try the § 50B hearing as if custody and support depend on it, because they often do, and we build the record with an eye to appeal.

Real Abuse Is Serious. So Is a False Claim.

We take domestic violence seriously, and we have helped many victims get protected. We also defend people who are wrongly accused. We never minimize genuine abuse, and we never coach or file a false protective-order claim — that is perjury, it carries real consequences, and it harms true victims. On either side, our role is the same: make sure the order rests on the truth.

These cases move on a short clock. Whether you need protection or you’ve been wrongly accused, talk with us right away.